Defense against claim for injury sustained in utero barred. Where a person has, by reason of the wrongful act or negligence of another, sustained

§ 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.