Tom L. Nelson, Petitioners v. Edward M. Krusen and Baylor University Medical Center, Respondents

Summary

The Texas Supreme Court held that article 5.82, section 4 of the Insurance Code is unconstitutional because it bars a wrongful‑birth claim before the injury is discoverable, thus the parents' cause of action is not time‑barred. The Court also held that Texas does not recognize a wrongful‑life cause of action, so the child cannot sue. The judgment of the trial court and Court of Appeals was reversed in part and affirmed in part, and the case was remanded for trial on the parents' claim. Separate opinions dissent on the wrongful‑birth holding and on the denial of a wrongful‑life claim.