Robak v. United States

Anna Robak (plaintiff) was married to Robert Robak (plaintiff), an enlisted member of the United States Army. The Robaks visited Dr. Joshua Roth, an obstetrics-gynecology physician employed by the United States government. Anna had a rash and fever, and Dr. Roth performed a pregnancy test and a rubella test. Dr. Roth told Anna that she was pregnant and did not have rubella. Anna took a second test for rubella at the clinic a few days later, and no one ever informed her that it came back positive or that rubella could cause birth defects. The Robaks’ daughter, Jennifer, was born with rubella syndrome, which caused her to have a heart defect, a learning disability, severe to profound hearing loss, and blindness. Jennifer would need specialized care for the remainder of her life as well as additional surgeries. The Robaks sued the United States for medical malpractice and wrongful birth under the Federal Tort Claims Act, claiming that they would have chosen to have an abortion if they had known that Anna had rubella and the consequences for their baby. Following trial, the Robaks were awarded at least $900,000 in damages, including $30,000 in past expenses, $229,800 for the present cost of residential education and care to age 21, $515,000 for the cost of a qualified companion or institutional care for the remainder of Jennifer’s adult life, and $200,000 for maintaining Jennifer for her adult life. The trial court then reduced the award by deducting the cost of raising a typically developing child. The United States appealed, arguing that the damages award was too high, and the Robaks cross-appealed, arguing that the cost of raising a typically developing child should not have been deducted from their damages award.