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IN THE CIRCUIT COURT OF THE NINETEENTH
JUDICIAL CIRCUIT OF FLORIDA, IN AND
FOR ST. LUCIE COUNTY..
CASE NO. 78-554-CA
NICHOLAS BRADIAN and )
DIANE BRADIAN, etc.,
Plaintiffs, )
vs. )
ROMEO C. BALITON, M.D., )
et al., )
Defendants. )
ORDER PARTIALLY GRANTING DEFENDANTS'
MOTION TO DISMISS/STRIKE -
THIS CAUSE came before me on motions by the Defendants,
ROMEO C. BALITON, M.D. and THE PIMCO INSURANCE COMPANY, to dismiss
and/or strike portions of the Plaintiffs' Complaint. This case
arose. as a result of a tubal ligation that failed. Subsequent
to the tubal ligation the Plaintiff, DIANE BRADIAN, became
pregnant and gave birth to a healthy female infant, CHRISTINA
FRANCES BRADIAN. The Complaint claims that the tubal ligation
was unsuccessful because of the negligence of the Defendant,
ROMEO C. BALITON, M.D. The Complaint a leges damages to the
mother DIANE BRADIAN, her husband, NICHO S BRADIAN, and further
seeks damages on behalf of the siblings of the unplanned child,
CHRISTINA FRANCES BRADIAN. The various pending motions have.
been carefully considered by this Court. It is thereupon
ORDERED AND ADJUDGED as follows:
The Complaint seeks, as an element of damage, recovery
for the cost and expense of caring for, educating, and raising
the minor child. The case of Jackson v. Anderson, 230 So.2d 503
(2nd Dist. 1970) recognizes an action for a wrongful birth of a
healthy infant, but expressly declined to rule upon what elements-
,
of damages could be claimed as a result. It is this Court's view f
that it would be wrong to permit the parents to keep their child
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