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Clark v. Children's Memorial Hospital

955 N.E.2d 1065 (2011)

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Clark v. Children’s Memorial Hospital

Illinois Supreme Court
955 N.E.2d 1065 (2011)

RW

Facts

Amy and Jeff Clark (plaintiffs) had a son with a genetic abnormality that resulted in a disabling medical condition requiring lifelong intensive care. Based on negligently conducted genetic testing, Children’s Memorial Hospital (defendant) incorrectly reassured the Clarks that their son’s genetic abnormality was not hereditary and would not affect any subsequent children the couple might conceive. The Clarks conceived and gave birth to a second son, who shared his brother’s genetic abnormality and resultant disability. The Clarks sued the hospital for their second son’s wrongful birth. The trial court awarded damages for the boy’s childhood medical expenses. The intermediate appellate court affirmed that award but also allowed the Clarks to claim damages for their emotional distress and for the ongoing care the boy would need as an adult. The hospital appealed to the Illinois Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Garman, J.)

Concurrence/Dissent (Freeman, J.)

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