Clark v. Children's Memorial Hospital
2011 IL 108656
| Ill. | 2011Background
- Plaintiffs Amy and Jeff Clark sue for wrongful birth and negligent infliction of emotional distress arising from doctors' failure to inform them Brandon carried a genetic mutation (Angelman Syndrome), leading to Timothy’s birth with the same condition.
- Circuit court barred postmajority extraordinary care costs and dismissed the rest; after settlements, remaining claims were dismissed with prejudice.
- Appellate court reversed on postmajority damages and emotional-distress damages, but affirmed dismissal of lost-wage claims; remanded for further proceedings.
- Court examines whether Illinois law imposes any parental duty to support a dependent adult child and whether statutory/legislative provisions or public policy justify postmajority recovery in a wrongful-birth action.
- Supreme Court majority holds no postmajority damages under common law/statutes; overrules part of Siemieniec on emotional distress; permits remand for pleading amendments consistent with this opinion; remands for further proceedings including limitations issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Postmajority damages for care of a disabled child | Common law/513(c) allow postmajority support | No legal duty to support an adult disabled child; 513 limits postmajority relief to divorce context | No postmajority damages under Illinois law |
| Emotional distress damages in wrongful birth | Emotional distress damages available as direct damages; zone-of-danger not applicable | Siemieniec applied zone-of-danger to wrongful birth and barred emotional distress | Overruled Siemieniec on zone-of-danger; allow amendment to plead emotional-distress damages on remand |
| Statute of limitations, discovery rule | Dispute as to when discovery occurred; timely under 13-212 | Knew of injury earlier; time-bar | Question of material fact on discovery; remand proper; summary judgment denied |
Key Cases Cited
- Siemieniec v. Lutheran General Hospital, 117 Ill. 2d 230 (Ill. 1987) (set framework for wrongful-birth damages and rejected emotional-distress theory under zone-of-danger)
- Rickey v. Chicago Transit Authority, 98 Ill. 2d 546 (Ill. 1983) (zone-of-danger origin for emotional distress; used as contrast for wrongful birth)
- Bauer v. Memorial Hospital, 377 Ill. App. 3d 895 (Ill. App. 2007) (damages for postminority costs in medical-negligence context; child’s lifetime costs assigned to child)
- Strom v. Strom, 13 Ill. App. 2d 354 (Ill. App. 1957) (equitable postmajority support in divorce context; limited scope)
- Freestate v. Freestate, 244 Ill. App. 166 (Ill. App. 1927) (early postmajority support in divorce context; limited scope)
- Plaster v. Plaster, 47 Ill. 290 (Ill. 1868) (early discussion of postmajority support; limited relevance)