2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 83 - Particular Rights and Immunities
8306 - Defense against claim for injury sustained in utero barred.

     § 8306.  Defense against claim for injury sustained in utero
                barred.
        Where a person has, by reason of the wrongful act or
     negligence of another, sustained injury while in utero, it shall
     not be a defense to any action brought to recover damages for
     the injury, or a factor in mitigation of damages, that the
     person could or should have been aborted.
     (Apr. 13, 1988, P.L.336, No.47, eff. imd.)

        1988 Amendment.  Act 47 added section 8306. Section 7 of Act
     47 provided that section 8306 shall not apply to any case in
     which a final award of damages has been made and with regard to
     which the time to take an appeal has expired without an appeal
     being taken. Section 8 of Act 47 provided that, except as
     provided in section 2 of Act 47, which added section 8306,
     section 8306 shall have retroactive effect, including
     application to any case pending or on appeal.

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