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Shull v. Reid

Oklahoma Supreme Court
258 P.3d 521 (2011)

Written by Craig Conway, LLM

Facts

Patricia Shull, and her husband Brian, (plaintiffs) filed suit against Dr. Monica Reid (defendant) for failing to properly diagnose a debilitating virus during Patricia’s first trimester of pregnancy. Because the Shulls were unaware of the virus, Patricia’s son was born with significant health problems that rendered him completely helpless. In their complaint, the Shulls alleged that, had they known of the diagnosis and likely outcome for their son, they would have terminated the pregnancy. Reid moved for summary judgment and claimed that the Shulls could only recover damages for the medical costs of continuing the pregnancy offset by the cost of terminating the pregnancy. The trial court granted Reid’s motion. The Shulls appealed.

Rule of Law

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Issue

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Holding and Reasoning (Combs, 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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