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.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
