Woman can sue for stress of unplanned pregnancy

Associated Press

Pontiac — The Michigan appeals court says an Oakland County woman can seek financial damages for the emotional distress of knowing she would deliver a child with Down syndrome.

Lori Cichewicz says she was assured by her doctor her fallopian tubes were blocked and she didn’t need to use birth control. But she became pregnant and gave birth to a daughter in 2011. It’s a case of so-called wrongful conception.

In a 3-0 decision released Wednesday, the appeals court says Cichewicz can’t seek a financial award for the costs of raising a child with Down syndrome. But the court says she can seek compensation for the stress associated with the unplanned pregnancy like any medical malpractice claim.

The lawsuit now returns to Oakland County Circuit Court.