Castro v. MelchorAnnotate this Case
The estate of a viable fetus can recover for loss of enjoyment of life - also known as “hedonic” - damages.
Plaintiff, an inmate, alleged that the actions of correctional officers and the subsequent failure of medical personnel to provide her with treatment caused the stillbirth of her eight-month-old fetus, Briandalynne. Plaintiff sued Petitioners for negligence, intentional infliction of emotional distress, and negligent infliction of emotional distress. The circuit court ruled in favor of Plaintiff, awarding, in part, Briandalynne’s estate $250,000 for loss of enjoyment of life. The intermediate court of appeals (ICA) affirmed. The Supreme Court affirmed, holding (1) Briandalynne’s estate could maintain a survival action against Petitioners for hedonic damages; and (2) the record supported the damages award in this case.