Clark v. Children's Memorial Hospital

907 N.E.2d 49, 391 Ill. App. 3d 321, 329 Ill. Dec. 730
CourtAppellate Court of Illinois
DecidedApril 9, 2009
DocketNo. 1-08-0610
StatusPublished
Cited by4 cases

This text of 907 N.E.2d 49 (Clark v. Children's Memorial Hospital) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clark v. Children's Memorial Hospital, 907 N.E.2d 49, 391 Ill. App. 3d 321, 329 Ill. Dec. 730 (Ill. Ct. App. 2009).

Opinions

PRESIDING JUSTICE O’BRIEN

delivered the opinion of the court:

Plaintiffs, Amy and Jeff Clark, appeal the dismissal of their 16-count, third-amended complaint alleging negligence against defendants, Children’s Memorial Hospital and Doctor Barbara K. Burton, in connection with their son’s birth with Angelman Syndrome. The primary issue on appeal is whether plaintiffs may recover in a so-called “wrongful birth” action for their damages for the extraordinary costs of caring for their unemancipated, disabled son beyond the age of majority. We hold that such damages are recoverable and affirm in part, reverse in part, and remand for further proceedings.

Plaintiffs allege the following facts in their third-amended complaint.

Plaintiffs’ first son, Brandon, was born July 13, 1997. At about 15 months of age, Brandon began to demonstrate certain developmental problems, including poor head growth and the inability to walk or talk.

On or about February 6, 2001, Amy Clark sought genetic testing and counseling from Doctor Burton to determine whether Brandon suffered from a condition known as Angelman Syndrome. Angelman Syndrome is a genetic disorder that can be caused by abnormal function of the gene UBE3A, located within a small region on chromosome No. 15. In about 80% of individuals with Angelman Syndrome, this region is deleted from the maternally derived chromosome due to a UBE3A truncating mutation. Individuals with Angelman Syndrome suffer from seizures, gait and movement disorders, hyperactivity, sleep disturbances, behavioral disorders, inappropriate happy demeanor, and mental retardation.

On February 6, 2001, Doctor Burton informed Amy that all known genetic mechanisms for Angelman Syndrome in Brandon had been ruled out. This information was incorrect, as Baylor College of Medicine previously had performed a UBE3A sequence analysis of Brandon’s DNA and had issued a report on November 8, 2000, indicating that Brandon suffered from Angelman Syndrome due to a UBE3A truncating mutation. The siblings of a child with a mutation of the UBE3A gene have a 50% risk of being born with Angelman Syndrome.

Doctor Burton never obtained the results of the Baylor College of Medicine UBE3A sequence analysis and never informed Amy that the sequence analysis confirmed that Brandon suffered from Angelman Syndrome due to a UBE3A truncating mutation. Because Doctor Burton informed Amy that all known genetic mechanisms for Angelman Syndrome in Brandon had been ruled out, Amy planned to conceive another child.

On or about March 27, 2002, Amy gave birth to a son, Timothy. In June 2002, Amy noticed that Timothy experienced jerky and unpredictable motor movements, was inappropriately happy, and suffered from a flat occiput. In September 2002, Amy contacted Doctor Soma Das at the University of Chicago Hospitals to discuss Timothy’s symptoms. Doctor Das informed Amy that Timothy and Brandon should be entered into a study of Angelman Syndrome, but that the boys could not enter the study without a complete set of Brandon’s medical records.

On or about September 30, 2002, Amy contacted Baylor College of Medicine by phone to obtain a copy of Brandon’s UBE3A sequence analysis. On or about September 30, 2002, Amy learned for the first time, from an employee of the Baylor College of Medicine, that the result of Brandon’s UBE3A sequence analysis was “not normal.” Subsequently, Timothy was diagnosed with Angelman Syndrome.

Plaintiffs ultimately filed a 16-count, third-amended complaint sounding in wrongful birth and negligent infliction of emotional distress against defendants. Plaintiffs sought damages for the extraordinary costs of caring for Timothy during his minority and during his majority, as well as for lost wages.

The trial court determined plaintiffs could only recover damages for the extraordinary costs of caring for Timothy during his minority and could not recover damages for the extraordinary costs of caring for Timothy during his majority. Pursuant to section 2 — 615 of the Code of Civil Procedure (the Code) (735 ILCS 5/2 — 615 (West 2006)), the trial court dismissed those portions of plaintiffs’ third-amended complaint alleging negligent infliction of emotional distress and those counts seeking damages for plaintiffs’ lost wages and the extraordinary medical expenses for caring for Timothy during his majority. Plaintiffs then voluntarily dismissed the remainder of their third-amended complaint (the portion alleging damages for the extraordinary expenses of caring for Timothy during his minority) because, based on a previous settlement with other medical personnel, all damages that could be obtained at trial against Doctor Burton and Children’s Memorial Hospital would be completely offset by the settlement amount.

Plaintiffs filed this timely appeal of the order dismissing all claims in their third-amended complaint for extraordinary expenses of caring for Timothy during his majority, damages for emotional distress, and damages for lost wages.

The question presented by a section 2 — 615 motion to dismiss is whether the allegations of the complaint, viewed in the light most favorable to the plaintiff, are sufficient to state a cause of action upon which relief can be granted. Abbasi v. Paraskevoulakos, 187 Ill. 2d 386, 391 (1999). A cause of action will not be dismissed on the pleadings unless no set of facts can be proved that will entitle the plaintiff to recover. Abbasi, 187 Ill. 2d at 391. Review is de novo. Abbasi, 187 Ill. 2d at 391.

This appeal does not require the appellate court to make any determinations as to the liability of defendants Doctor Burton or Children’s Memorial Hospital. Rather, this appeal only challenges the trial court’s ruling regarding the availability of certain damages.

First, plaintiffs contend the trial court erred in determining plaintiffs could not recover damages in their wrongful birth case for the extraordinary expenses of caring for Timothy during his majority. We begin our analysis by discussing Siemieniec v. Lutheran General Hospital, 117 Ill. 2d 230 (1987), in which our supreme court recognized a claim for “wrongful birth.”

In Siemieniec, Janice Siemieniec became pregnant in February 1980 and was concerned about the possibility that her baby might be born with hemophilia because two of her cousins were afflicted with that disease. Siemieniec, 117 Ill. 2d at 231. She sought genetic counseling at Lutheran General Hospital, where Doctor Carol Booth informed her of the availability of prenatal genetic diagnostic tests to determine the risk of the baby being born with hemophilia. Siemieniec, 117 Ill. 2d at 232. Mrs. Siemieniec purportedly told Doctor Booth of her desire to abort the pregnancy if there was a substantial risk of her bearing a hemophilic child. Siemieniec, 117 Ill. 2d at 232.

Doctor Booth referred Mrs. Siemieniec to Doctor Juan Chédiak at Michael Reese Hospital. Doctor Chédiak gave Mrs. Siemieniec the same advice regarding testing, and he promised to check on whether her cousins were registered hemophiliacs and to examine her deceased cousin’s death certificate. Siemieniec, 117 Ill. 2d at 232. Two weeks later, Doctor Chédiak sent a letter to Doctor Booth stating that Mrs. Siemieniec had a very low risk of being a carrier of classic hemophilia. Siemieniec, 117 Ill. 2d at 232.

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Related

Schweihs v. Chase Home Finance, LLC
2016 IL 120041 (Illinois Supreme Court, 2016)
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Cite This Page — Counsel Stack

Bluebook (online)
907 N.E.2d 49, 391 Ill. App. 3d 321, 329 Ill. Dec. 730, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-v-childrens-memorial-hospital-illappct-2009.