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Greco v. United States

Nevada Supreme Court
893 P.2d 345 (1995)


Facts

Sundi Greco (plaintiff) filed suit against the United States (defendant) in federal district court in Maryland alleging that her physicians at Nellis Air Force Base in Nevada negligently failed during several visits for prenatal care to make a timely diagnosis of physical defects and abnormalities afflicting her unborn child thereby depriving her of the right to terminate the pregnancy. Consequently, Greco’s son, Joshua (plaintiff) was born severely disabled and likely to suffer a life of pain and deprivation. Additionally, on Joshua’s behalf, Greco asserted a claim for “wrongful life.” The United States filed a motion to dismiss the complaint. The United States District Court for the District of Maryland then filed a certification order with the Nevada Supreme Court seeking answers to certain questions pertaining to the status of the law regarding the negligently caused birth of a child suffering from birth defects.

Rule of Law

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Issue

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Holding and Reasoning (Springer, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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