Ginger Bailey, et al. v. Dr. Gregory Khoury, et al.

Summary

The Louisiana Supreme Court considered when prescription begins for claims arising from prenatal injuries and birth defects allegedly caused by the mother's use of Depakote during pregnancy. The court held that prescription on both the mother's individual claim and her claim on behalf of her child commenced no earlier than the child's live birth, and affirmed the denial of the defendants' exceptions of prescription.

Holdings

1. A cause of action for damages arising from prenatal injuries does not accrue, and prescription does not commence, until the child is born alive.
2. On the record presented, prescription on the mother's individual claim did not commence before the child's birth because defendants failed to prove that the mother suffered actual and appreciable damages before birth sufficient to support accrual of her cause of action.

Questions Presented

1. Whether prescription on a child's claim for damages arising from prenatal injuries begins before live birth when the child's parent learns during pregnancy of the defects and their probable cause.
2. Whether prescription on the mother's individual claim for damages begins before the child's birth when the mother learns of the fetal defects and their probable cause.

Disposition

affirmed