Texas Supreme Court
George S. Jacobs, Petitioners v. Louis M. Theimer, Respondent
February 19, 197518 Tex. Sup. Ct. J. 222
Summary
The Texas Supreme Court reversed the lower courts and remanded for trial, holding that the plaintiffs' wrongful‑birth claim is properly pleaded despite the 1968 Texas abortion prohibition. The Court affirmed a duty of the physician to disclose the rubella diagnosis and its risks, and found that damages for the child's treatment are not barred by public policy. Justice Daniel concurred in the result, while Justice Pope dissented, arguing that the negligence was not a proximate cause of damages because abortion was illegal at the time.