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D performed a partial salpingectomy on P. The purpose was to sterilize P, who had already borne four children so that she could not become pregnant again. After undergoing the surgery, however, P conceived, and on August 5, 1999, she delivered a healthy baby. P filed a proposed complaint with the Indiana Department of Insurance alleging that D's performance of the procedure had been negligent and seeking damages for the future expenses of raising the child through college, including all medical and educational expenses. D filed a motion for preliminary determination, to limit the amount of recoverable damages and a determination that the costs of raising a healthy child born after a sterilization procedure are not recoverable as a matter of law. D's motion was denied but certified for interlocutory appeal.

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