This note begins by reviewing developments that created the legal and social setting for the Berman decision. After analyzing the court's opinion the focus shifts to the issue of damages. A valuation scheme is then proposed to effectuate the conclusion that both pecuniary and emotional damages should be awarded in wrongful birth actions involving impaired children.
T. R. Durkan,
Torts—Wrongful Birth—New Jersey Recognizes Emotional Distress Damages in a Wrongful Birth Action Involving a Deformed Child—Berman v. Allan, 80 N.J. 421, 404 A.2d (1979),
55 Wash. L. Rev.
Available at: https://digitalcommons.law.uw.edu/wlr/vol55/iss3/6