the risk of bearing an abnormal child would likely to be difficult and emotional, with an unpredictable outcome, as would the decision to abort an abnormal fetus. Additionally, some defendants have argued that the tort is subject to fraudulent claims, as proof of the claim that the plaintiffs would have aborted an abnormal fetus would often come in the form of the plaintiff's retrospective and subjective testimony. Damages Most courts now only allow only the costs associated with raising an abnormal child, such as medical care that would not be needed for a healthy child. Thus, most courts do not allow the recovery of all costs associated with raising the plaintiffs' child. Some courts have ruled that plaintiffs may recover additional damages, such as those for emotional distress, loss of consortium, and physical pain suffered by the wife during delivery of an unhealthy child. See the example of the Keel case below. Prevalence of wrongful birth laws On February 19, 1975, the Texas Supreme Court's ruling in the case Jacobs v. Theimer made Texas the first state in America to declare a woman could sue her doctor for a wrongful birth. That case involved Dortha Jean Jacobs (later Dortha Biggs), who caught rubella while pregnant and gave birth to Lesli, who was severely disabled. Dortha and her husband sued her doctor, saying he did not diagnose the rubella or warn them how it would affect the pregnancy. Twenty-five U.S. states now recognize the wrongful birth cause of action. However, some states have statutorily banned wrongful birth actions. See for example Idaho Code §5-334(1): "A cause of action shall not arise, and damages shall not be awarded, on behalf of any person, based on the claim that but for the act or omission of another, a person would not have been permitted to have been born alive but would have been aborted." Controversy There is some controversy as to whether or not the wrongful birth cause of action should be recognized. Arguments against Allowing the wrongful birth cause of action may increase the rate of abortion, a practice some consider unethical. Doctors under threat of being sued for wrongful birth have an incentive to be vigilant in detecting the risk that prospective parents will have a congenitally diseased child, in disclosing any risks to the prospective parents, and in recommending various tests to determine the risk or existence a congenital abnormality.