Nature of the Case
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Facts
Ps already had one child with Duchenne muscular dystrophy when they learned that P was again pregnant. Ps consulted D to determine whether she was a genetic carrier of the disease. D assured P that she was not a carrier. Ps chose not to terminate the pregnancy, and Mark Nelson was born. It was eventually determined that Mark had Duchenne muscular dystrophy. Mark was three years and three months old at this time. Ps sued Ds for wrongful birth and wrongful life. Ds moved for summary judgment claiming that the actions were barred because they were not brought within two years of the last examination by D. The court of appeals affirmed and Ps appealed.
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