Clark v. Children's Memorial Hosp.
955 N.E.2d 1065
Ill.2011Background
- Plaintiffs Amy and Jeff Clark sue multiple healthcare providers over Timothy's Angelman Syndrome.
- Brandon, Timothy's older brother, also had Angelman Syndrome; prior genetic testing/counseling were allegedly incomplete or incorrect.
- Wong and Burton allegedly provided or failed to provide critical information linking Brandon's condition to a UBE3A mutation.
- Plaintiffs later sought damages for extraordinary costs during Timothy's minority and, controversially, postmajority costs; emotional distress damages were also claimed.
- Circuit court allowed minority costs but rejected postmajority costs and emotional-distress damages; appellate court partially reversed and remanded.
- This Court affirms in part and reverses in part, holding no postmajority damages and overruling the prior emotional-distress framework, with remand for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Postmajority damages for care of a disabled child. | Postmajority costs are recoverable as foreseeable damages. | No legal obligation to support a disabled adult child exists in Illinois law. | No postmajority damages absent statutory duty; damages limited to minority period. |
| Damages for negligent infliction of emotional distress in wrongful birth. | Emotional distress is a recoverable element of damages in wrongful birth. | Siemieniec precludes emotional-distress damages in wrongful birth. | Overruled Siemieniec; emotional-distress damages available as part of wrongful birth damages. |
| Statute of limitations—discovery rule applicability. | Discovery date disputed; summary judgment inappropriate. | Two-year discovery clock should have started earlier. | Fact question on discovery tolling; denial of summary judgment upheld; remand for further proceedings. |
Key Cases Cited
- Siemieniec v. Lutheran General Hospital, 117 Ill.2d 230 (Ill. 1987) (set framework for postbirth damages in wrongful birth; rejected emotional-distress framework as standalone tort)
- Ricki v. Chicago Transit Authority, 98 Ill.2d 546 (Ill. 1983) (zone-of-danger rule for emotional distress in negligent-infliction cases)
- Bauer v. Memorial Hospital, 377 Ill.App.3d 895 (Ill. App. 2007) (postmajority damages concepts in medical-negligence context; parent-damages allocation)
- Kush v. Lloyd, 616 So.2d 415 (Fla. 1992) (emotional distress in wrongful birth; supports not applying traditional impact doctrine)
- Freestate v. Freestate, 244 Ill.App.3d 166 (Ill. App. 1927) (historical discussion of postmajority support in divorce context (overruled by later statutes))