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This opinion is subject to revision before final publication in the Pacific Reporter.
IN THE SUPREME COURT OF THE STATE OF UTAH
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David Harnicher and Stephanie Harnicher,
Plaintiffs and Appellants,
v.
University of Utah Medical Center,
No. 960204
F I L E D
July 31, 1998

Third District, Salt Lake County
The Honorable Frank G. Noel

Attorneys: Jerome H. Mooney, Wendy M. Lewis, Salt Lake City, for plaintiffs
David G. Williams, Brian P. Miller, Salt Lake City, for defendant
HOWE, Chief Justice:

Plaintiffs David and Stephanie Harnicher, parents of triplets born after in vitro fertilization using donor sperm, brought this action for medical malpractice alleging negligent infliction of emotional distress against defendant University of Utah Medical Center for using sperm from a donor other than the one that the couple had allegedly selected. The trial court found no evidence of physical injury or illness to support an action for negligent infliction of emotional distress and granted summary judgment in favor of the Medical Center. The Harnichers appeal.

FACTS
David and Stephanie Harnicher sought treatment for infertility at the University of Utah Medical Center Fertility Clinic. Artificial insemination using David's sperm yielded no results. The Harnichers then contacted Dr. Ronald L. Urry of the Fertility Clinic regarding the possibility of in vitro fertilization. Dr. Urry suggested a procedure known as Amicromanipulation

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Utah Law