Krishnan v. Sepulveda’s Empirical Analysis

Citation profile

1 federal appellate · 53 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We see no rational basis for excluding recovery of mental anguish damages in personal injury actions which have as one element the loss of a fetus. Consequently, we hold that [the mother] may recover mental anguish damages suffered as a result of her injury which was proximately caused by [the doctor’s] allegedly negligent diagnosis, prenatal supervision and treatment of the mother and which includes the loss of her fetus.”

   2 later decisions quote this exact passage · from the majority
   e.g. Sosebee v. Hillcrest Baptist Medical Center · Rupp v. Brown

2. “The overwhelming majority of states now permit some form of recovery for the loss of a fetus. For example, approximately ten states and the District of Columbia recognize a common law cause of action for mental anguish suffered as a result of the loss of a fetus. In addition, approximately thirty-six states and the District of Columbia recognize a wrongful death cause of action for the loss of a viable fetus. Most of these states characterize a viable fetus as a "person" or "minor child" under their wrongful death statutes.”

   1 later decision quote this exact passage · from the majority
   e.g. Pierce v. Physicians Insurance Co. of Wisconsin, Inc.

3. “secondary cause” that was too remote, from Krishnan , in which a stillbirth allegedly resulted directly from the doctor’s negligent diagnosis, prenatal supervision, and treatment of the pregnant woman.”

   1 later decision quote this exact passage · from the majority
   e.g. Rupp v. Brown