Siemieniec v. Lutheran General Hospital

480 N.E.2d 1227, 134 Ill. App. 3d 823, 89 Ill. Dec. 484, 1985 Ill. App. LEXIS 2171
CourtAppellate Court of Illinois
DecidedJune 28, 1985
Docket84-290
StatusPublished
Cited by17 cases

This text of 480 N.E.2d 1227 (Siemieniec v. Lutheran General 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
Siemieniec v. Lutheran General Hospital, 480 N.E.2d 1227, 134 Ill. App. 3d 823, 89 Ill. Dec. 484, 1985 Ill. App. LEXIS 2171 (Ill. Ct. App. 1985).

Opinion

JUSTICE HARTMAN

delivered the opinion of the court:

Plaintiffs, Janice and Thomas Siemieniec, brought suit individually and on behalf of their son Adam against defendants, Lutheran General and Michael Reese Hospitals and two physicians. They allege that although they consulted with defendant physicians about whether a prospective child of theirs could be born a hemophiliac, they were assured by defendants that the possibility of this happening was at “low risk.” Adam subsequently was born with hemophilia.

The four-count, verified complaint seeks damages for extraordinary medical expenses Janice and Thomas will incur in caring for Adam’s condition as well as for negligent infliction of emotional distress, and damages for extraordinary expenses Adam will incur for treating his condition after he reaches adulthood. Answers were filed by the various defendants. The circuit court denied defendants’ subsequently filed motions to dismiss the complaint but recognized that issues of law were presented concerning which there were substantial grounds for differences of opinion. Three questions were certified for review by this court under Supreme Court Rule 308 (87 Ill. 2d R. 308) which contemplate whether: (1) the parents have a cause of action for the extraordinary medical expenses of the hemophiliac child during his minority; (2) the parents have a cause of action for negligent infliction of emotional distress; and (3) the child has a cause of action on his own behalf for extraordinary medical expenses during the age of majority. We have rearranged the order of the questions for purposes of analysis and review.

The pertinent facts alleged in the complaint follow. For the purpose of the motions to dismiss they must be taken as true. (Wilczynski v. Goodman (1979), 73 Ill. App. 3d 51, 54, 391 N.E.2d 479; Goldberg v. Ruskin (1984), 128 Ill. App. 3d 1029, 1032-33, 471 N.E.2d 530.) Janice became pregnant and was concerned about the possibility of her baby being bom with hemophilia because two of her cousins were afflicted with the disease. She sought medical advice from Dr. Carol Booth at Lutheran General, who advised her on March 6, 1980, of diagnostic tests which would be performed in time for Janice to decide whether or not to abort the pregnancy if the tests proved positive. Janice indicated that, if positive, she would abort. At Dr. Booth’s referral, Janice later consulted with Dr. Juan Chédiak at Michael Reese. He gave her the same information regarding testing. Dr. Chédiak also promised both to check on whether Janice’s cousins were registered hemophiliacs and to examine her deceased cousin’s death certificate. On March 28, 1980, Dr. Chédiak sent a letter to Dr. Booth stating that the risk of Janice being a carrier of factor VIII hemophilia was “very low.” Dr. Booth then sent a copy of this letter to Janice. On October 14, 1980, Adam Siemieniec was bom and, after a bleeding episode, he was diagnosed as a factor IX hemophiliac. 1

The complaint also alleged that defendants were under a duty to render competent diagnostic and consultive services which was breached by failure to adequately inform Janice about various types of hemophilia, for one of which, factor IX, there is no reliable test, and by failure to inquire adequately into her own health background. Plaintiffs, individually in counts I and II, seek to recover from defendants the extraordinary medical expenses that they will incur during their son’s minority and for their emotional distress. Counts III and IV, brought by Janice and Thomas on Adam’s behalf, seek recovery from defendants for the extraordinary medical expenses that he will incur as an adult.

I

Defendants contend that parents cannot maintain an action for “wrongful birth” under Illinois law, arguing that Adam’s parents do not have a cause of action for the extraordinary medical expenses incurred during his minority. It should be observed at once that nowhere in their complaint do Janice and Thomas assert that they are seeking damages for wrongful birth. Their sole claim for damages is for the extraordinary expenses they anticipate as a result of Adam’s impaired physical condition. In any event, the sole authority for defendants’ argument is the supreme court’s decision in the consolidated cases of Cockrum v. Baumgartner and Raja v. Tulsky (1983), 95 Ill. 2d 193, 447 N.E.2d 385, cert. denied sub nom. Raja v. Michael Reese Hospital (1983), 464 U.S. 846, 78 L. Ed. 2d 139, 104 S. Ct. 149. They note that there a wrongful-birth cause of action was rejected on the basis of the following four factors: (1) the speculative nature of damages; (2) the concern that a child will discover that he is unwanted; (3) it is unreasonable to place the burden of rearing a child on defendant, while allowing plaintiffs to enjoy the benefits of having a child; and (4) the possibility of fraudulent claims. 95 Ill. 2d 193, 198.

It is useful here to distinguish between “wrongful pregnancy” cases, such as Coekrum, and “wrongful birth” cases, such as the case before us. In a wrongful-pregnancy action, the alleged injury to the parent is the birth of the unplanned or unwanted, but usually normal and healthy, child, resulting from the negligence of a doctor or other health care provider in performing an abortion, sterilization, or in filling a prescription for contraceptives, whereas, in a wrongful-birth action, the injury usually claimed is the birth of a seriously handicapped or diseased child whose birth might have been prevented except for the negligence of those charged with prenatal testing, genetic prognosticating and counseling parents as to the likelihood of giving birth to a physically or mentally impaired or abnormal child. 2 Although in each instance suit is brought by the parents, the resultant effects of the subject birth are usually dramatically different. Not to be confused with the foregoing is still another type of action known as “wrongful life,” brought by parents on the child’s behalf, claiming that because of defendant’s negligence his adult life will be burdened with an impaired existence occasioned by the abnormal or unusual health condition with which he must live. We will treat this issue in part III of this opinion.

The utility in keeping the concepts described above separate and distinct for analytical purposes lies in the appropriate resolutions of questions of duty, asserted violations of that duty, proximate causes of the injuries sustained, and damages cognizable as a result of such injuries, with public policy as the frame of reference.

Although defendants acknowledge that Cockrum involved a healthy child, they argue the applicability of its rationale to the case at bar for the following reasons: the Cockrum court’s declaration that the “benefit of life should not be outweighed by the expense of supporting it” (Cockrum v. Baumgartner (1983), 95 Ill. 2d 193, 201); the pro-life policy announced in the Illinois abortion law (Ill. Rev. Stat. 1983, ch. 38, par. 81 — 21), as reflected in Cockrum, when the court declared that public policy demands the preservation and development of family relations (95 Ill. 2d 193, 201); and that the United States Supreme Court’s decision in Roe v. Wade (1973), 410 U.S. 113, 35 L. Ed. 2d 147, 93 S. Ct.

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Bluebook (online)
480 N.E.2d 1227, 134 Ill. App. 3d 823, 89 Ill. Dec. 484, 1985 Ill. App. LEXIS 2171, Counsel Stack Legal Research, https://law.counselstack.com/opinion/siemieniec-v-lutheran-general-hospital-illappct-1985.