California Court of Appeals Rules on Curlender v. Bio-Science Laboratories

1980. The California the Court of Appeals rules in the case of Curlender v. Bio-Science Laboratories (165 Cal. Rptr. 477), a case of "wrongful life." Wrongful life occurs when someone is sued by the legal guardians of a severely disabled child for failing to prevent that child's birth.

The Curlenders consulted the Bio-Science Laboratories to determine whether or not they carried the gene for Tay-Sachs disease. Tay-Sachs is a genetic disease of the nervous system, that is caused when the body lacks hexosaminidase A, a protein that helps break down a chemical, gangliosides, found in nerve tissue. The report from the Laboratory suggested that Curlenders had nothing to fear and that Tay-Sachs would not be an issue if they decided to have a child.

However, in 1978, their daughter was diagnosed with Tay-Sachs. In 1980, they sued Bio-Science Laboratories, on behalf of their daughter, seeking compensation for her pain and suffering. The court ruled that their daughter had “the right…to recover damages for the pain and suffering to be endured during the limited lifespan available…and any special pecuniary loss resulting from the impaired condition” (Kevles, 1985).

-Erna Kurbegovic and Amy Dyrbye

California Court of Appeals Rules on Curlender v. Bio-Science Laboratories

1980. The California the Court of Appeals rules in the case of Curlender v. Bio-Science Laboratories (165 Cal. Rptr. 477), a case of "wrongful life." Wrongful life occurs when someone is sued by the legal guardians of a severely disabled child for failing to prevent that child's birth.

The Curlenders consulted the Bio-Science Laboratories to determine whether or not they carried the gene for Tay-Sachs disease. Tay-Sachs is a genetic disease of the nervous system, that is caused when the body lacks hexosaminidase A, a protein that helps break down a chemical, gangliosides, found in nerve tissue. The report from the Laboratory suggested that Curlenders had nothing to fear and that Tay-Sachs would not be an issue if they decided to have a child.

However, in 1978, their daughter was diagnosed with Tay-Sachs. In 1980, they sued Bio-Science Laboratories, on behalf of their daughter, seeking compensation for her pain and suffering. The court ruled that their daughter had “the right…to recover damages for the pain and suffering to be endured during the limited lifespan available…and any special pecuniary loss resulting from the impaired condition” (Kevles, 1985).

-Erna Kurbegovic and Amy Dyrbye