The plaintiffs entered into an oral agreement with the New York University Medical Center for an in vitro fertilization procedure that would not result in an autistic child. They subsequently signed a written agreement stating that a certain percentage of children are born with physical and mental defects and that these are beyond the control of the physician.

When one of the twins born as a result of the procedure was autistic, the plaintiffs sued for breach of the oral agreement. The lower court granted summary judgment in favor of the Medical Center. Why do you think this award was upheld on appeal?