This section contains the nature of the case and procedural background.

Ethel (P) first visited D's clinic for a pregnancy test. P then continued routine prenatal treatment with the clinic. P underwent an emergency Caesarean section. Jessica (P) suffered fetal distress and prenatal asphyxia, which P claim could have been prevented by applying standard procedures for postmature fetuses. Jessica (P) was resuscitated and sustained permanent, serious brain damage. Ps' third amended complaint included two counts of breach of contract. Ps allege breach of an enforceable agreement between then and Ingham (D). P claimed that an implied contract in law was created as a result of D's offer to provide medical services and P's acceptance of said offer by agreeing to follow the directions from D's physicians and other medical personnel for the benefit of her unborn child. Ps allege that Jessica (P) is a third-party beneficiary of this contract between Ps, parents, and the clinic. The trial court concluded that plaintiffs failed to plead facts that would support a finding of adequate consideration and that Ps' contract claim must therefore fail. The court awarded D summary judgment, and P appealed.

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