Sheri M. Puffer, M.D. and Women's Health Services Arlington, PLLC v. Candace Williams

Summary

The Texas Court of Appeals for the Second Appellate District held that, under Noe v. Velasco, a mother cannot recover noneconomic damages for the hardships inherent in a negligently caused pregnancy, even when the pregnancy ends in an abortion. Because the plaintiff's compensatory damages were based solely on pregnancy-related mental anguish, the court held that her medical malpractice claim failed as a matter of law and that exemplary damages were unavailable. The court reversed the trial court's judgment and rendered judgment that the plaintiff take nothing.

Holdings

1. Under Noe v. Velasco, Texas law does not permit recovery of noneconomic damages for the hardships inherent in a negligently caused pregnancy, even when the pregnancy ends in an abortion rather than the birth of a healthy child.
2. Because Williams was not entitled to compensatory damages, the exemplary-damages award could not stand.

Questions Presented

1. Whether Texas law permits a mother to recover noneconomic damages for mental anguish and other hardships inherent in an unplanned pregnancy when the pregnancy ends in an abortion.
2. Whether the absence of legally cognizable compensatory damages defeats the award of exemplary damages.

Disposition

reversed