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ARTICLE · 16 JANUARY 2013

Delaware Supreme Court Holds That Texas Law Does Not Recognize Preconception Torts

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The Supreme Court of Delaware recently held that Texas law did not recognize preconception torts and that the Texas Workers Compensation Act barred a claim for a preconception tort brought by a child whose injuries were allegedly caused by his father’s workplace exposure to toxic chemicals.

United StatesLitigation, Mediation & Arbitration
Daniel Ring
Daniel Ring
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Keywords: Texas law, preconception torts, Texas Instruments, workplace injury, Texas Workers Compensation Act

The Supreme Court of Delaware recently held that Texas law did not recognize preconception torts and that the Texas Workers Compensation Act barred a claim for a preconception tort brought by a child whose injuries were allegedly caused by his father's workplace exposure to toxic chemicals. Peters v. Texas Instruments, Inc., 2013 WL 85245 (Del. Jan. 8, 2013).

Christopher Peters was allegedly born with severe birth defects, including retinoblastoma. Christopher and his parents sued Texas Instruments, alleging that Christopher's father was exposed to chemicals while working in Texas Instruments' semiconductor manufacturing facilities in Texas which damaged the father's sperm and caused Christopher's birth defects.

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