On March 6, 2003, plaintiffs Patricia Johnson and Charles Johnson, as parents and next friends of Evan Johnson, filed a medical malpractice complaint against Wellstar Health System, Inc., Cobb Hospital, Inc., South Cobb-Ob-Gyn, P.C., Michael Martin McCann, R. N. and Karen Sue Weldon, M.D. alleging that these defendants committed acts of professional negligence during Evan’s delivery. Specifically, plaintiffs alleged that during the delivery, excessive downward traction was exerted on Evan’s head while the shoulders were impacted, resulting in a shoulder dystocia1 and causing Evan to suffer from Erb’s and Klumpke’s palsy. Plaintiffs subsequently amended their complaint to correct some factual allegations, and they also subsequently dismissed Dr. Weldon and Cobb Hospital from the suit. In April 2004, plaintiffs moved to add parties to the case. This motion was granted, and on April 20, 2004, plaintiffs filed their second amended complaint alleging claims against the doctors and nurses at defendant Wellstar who provided prenatal services during the course of the pregnancy the Prenatal Care Defendants.2 In their amended complaint, plaintiffs alleged that the Prenatal Care Defendants were negligent for failing to diagnose Evan as large for his gestational age based on an ultrasound examination performed several months prior to his birth and for failing to recommend a cesarean section be performed as a result. The Prenatal Care Defendants moved for summary judgment, and the trial court granted the motion and held that plaintiffs’ action was barred under the statute of repose contained in OCGA § 9-3-71 b. The plaintiffs appeal.3
The trial court found that the Prenatal Care Defendants owed a duty of care to Evan while he was in utero. The trial court also correctly found that Georgia law recognizes a claim for prenatal injuries so long as the child is born alive. “Since 1951, Georgia law has recognized that a child born after sustaining a tortious prenatal injury may bring an action to recover damages for the injury sustained. Tucker v. Howard L. Carmichael & Sons, Inc . 208 Ga. 201 1 65 SE2d 909 1951.” Peters v. Hosp. Auth. of Elbert Co. , 265 Ga. 487, 488 1 458 SE2d 628 1995. See also Hornbuckle v. Plantation Pipe Line Co , 212 Ga. 504 93 SE2d 727 1956.
