Perry-Rogers v. Obasaju
Guarantees of Genuineness. Perry-Rogers v. Obasaju
Clinic mistakenly implanted an embryo created by the plaintiffs into the uterus of another patient. Trial court held that the complaint stated a good cause of action, and the appellate division affirmed.
Damages for emotional harm can be recovered even in the absence of physical injury when there is a duty owed by defendant to plaintiff, and a breach of that duty results directly in emotional harm.
Here, it was foreseeable that the information that defendants had mistakenly implanted plaintiffs’ embryos in a person whom they would not identify, which information was not conveyed until after such person had become pregnant, would cause plaintiffs emotional distress over the possibility that the child that they wanted so desperately, as evidenced by their undertaking the rigors of in vitro fertilization, might be born to someone else and that they might never know his or her fate.