Recovery for the Death of a Stillborn Child

The legal protection afforded to the unborn has become a procedural and substantive issue arising in both traditional and non-traditional contexts. Following is a look at case law, past and present.

31 minute read September 29, 2008 at 09:29 AM

Michael Brophy And Sarah X. Fang

Recovery for the Death of a Stillborn Child

More than a half-century ago, Janice Endresz, then seven months pregnant, was injured in a motor vehicle accident and within days delivered stillborn twins, a male and a female. Her husband, as administrator of the estate, brought suit and sought damages for the wrongful death of each child.

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