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Fassoulas v. Ramey

450 So. 2d 822 (1984)

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Fassoulas v. Ramey

Florida Supreme Court

450 So. 2d 822 (1984)

Facts

Edith and John Fassoulas (plaintiffs) were married and had two children, both of whom had been born with severe handicaps. After the Fassoulas made a decision not to have any more children, John underwent a vasectomy procedure performed by Dr. Ramey (defendant). As a result of Ramey’s negligence in performing the procedure and in giving inadequate medical advice, Edith became pregnant two more times, giving birth to Maria first, and later giving birth to Roussi. Maria was born with congenital deformities. However, Roussi was a healthy child. After the birth of Roussi, the Fassoulas sued Ramey and his clinic for medical malpractice which resulted in the two “wrongful births” and sought damages. At trial, a jury found for the Fassoulas and found Ramey 100 percent negligent as to Maria and 50 percent negligent as to Roussi. Ramey appealed.

Rule of Law

Issue

Holding and Reasoning (Per Curiam)

Dissent (Ehrlich, J.)

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