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Virgie Foy and Reffie Foy v. Bradley Greenblott

California Court of Appeals

190 Cal. Rptr. 84 (1983)

Facts

Virgie Foy (plaintiff), an incompetent patient with severe disabilities, was placed at San Jose Care and Guidance Center (the center) by her conservator, Santa Clara County. After giving birth to Reffie Foy (plaintiff), Virgie sued Dr. Bradley Greenblott (defendant), her treating physician, for damages related to wrongful birth. Virgie argued that the center was negligent in failing to supervise her interactions with men at the co-ed facility even though Dr. Greenblott was aware of Virgie’s “irresponsible sexual behavior.” Additionally, Virgie argued that Dr. Greenblott was negligent in not counseling Virgie on the availability of contraceptives and in discovering her pregnancy only two weeks before she gave birth. Virgie argued that an incompetent woman should never be allowed to have a child. Dr. Greenblott argued that contraceptives can be dangerous and ineffective when not used properly and that the center discovered the pregnancy at the earliest possible time. In addition, Reffie sought damages for wrongful life, arguing that he was injured as a result of being born to an incompetent mother. The lower court granted demurrer in favor of Dr. Greenblott. Virgie and Reffie appealed.

Rule of Law

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Issue

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Holding and Reasoning (Christian, J.)

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Concurrence (Poche, J.)

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