The administrators for the estate of Anthony J. Vecchio IV don’t have to claim he was alive or viable to sue for wrongful death. That’s implied from the fact he was an 8 month-old fetus at the time he was stillborn, a Stamford, Conn. judge trial referee has ruled.
William B. Lewis refused to strike a claim for wrongful death against Rye Brook Obstetrics-Gynecology, rejecting defense arguments that the parents had made no recognizable claim and that “there can be no recovery for wrongful death unless the child was born alive.” And while striking the father’s claim for bystander emotional distress, Lewis signaled that emerging tort may someday find its way into hospital operating rooms.
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