Estate of Kundert v. Illinois Valley Community Hospital

Kameryn Kundert, the six-week-old son of Krista Grady and Dustin Kundert (plaintiffs), had a fever, was unable to eat or sleep, and was fussy. Unable to reach Kameryn’s pediatrician, Grady called the emergency room at Illinois Valley Community Hospital (Illinois Valley) (defendant) at around 7:30 p.m. Grady was connected to an unknown person who told her that the baby did not need immediate medical attention and that Grady was overreacting. The person told Grady to give the baby Tylenol and lukewarm baths but did not know the correct Tylenol dosage for an infant. The person also told Grady that Illinois Valley was not equipped to care for infants and that she should visit a pediatrician in the morning. Grady relied on this conversation and waited to take Kameryn to his pediatrician the next morning. The pediatrician diagnosed Kameryn with sepsis and put the baby in an ambulance to Illinois Valley. Illinois Valley provided immediate care and then transferred Kameryn to another hospital for specialized treatment not available at Illinois Valley. At the new facility, Kameryn was treated for bacterial meningitis, but he died two weeks later. Kameryn’s parents sued Illinois Valley, claiming its handling of the initial call was medical malpractice. The trial court dismissed the case, finding that the call did not create a treatment relationship between Illinois Valley and Kameryn that would come with a duty of care. The parents appealed.