The New York Court of Appeals recently determined in Broadnax v. Gonzalez that a mother can recover damages for emotional harm for giving birth to a stillborn child.  In its recent decision in Sheppard-Mobley v. King, the Court held that the mother could not recover damages for emotional harm under one of her allegations where her injury to her baby occurred in utero but the baby was subsequently born alive.  This particularly factually tragic case allows for the Court to review its case law concerning allegations of emotional harm to the mother and child due to medical malpractice.