Texas Supreme Court

Elizabeth G. Krishnan, M.d., Petitioner v. Humberto Sepulveda, Jr. and Olga Sepulveda, Respondents

June 15, 199538 Tex. Sup. Ct. J. 806

Summary

The Texas Supreme Court affirmed the Court of Appeals, holding that a mother may recover mental anguish damages for the loss of her stillborn fetus as a personal injury to herself, but a father may not recover such damages and neither parent may recover loss of society, companionship, or affection. The Court declined to recognize a wrongful death cause of action for an unborn child and affirmed the appellate judgment.