Quimbee logo
DMCA.com Protection Status
From our private database of 17,300+ case briefs...

Orlak v. Loyola University Health System

Illinois Supreme Court
885 N.E.2d 999 (2007)


Facts

Diane Orlak (plaintiff) suffered burns in a work-related accident in 1989 and was hospitalized at a facility operated by the Loyola University Health System (defendant). Orlak was given a blood transfusion during her treatment. Orlak’s mother signed a consent form on her behalf that acknowledged that there was no definitive test to determine whether viral hepatitis existed in the blood. Orlak recovered from her injuries and was released. In 1990, Loyola advised Orlak to be tested for HIV. Orlak did, and the test was negative for HIV. However, in 2000, Loyola sent another letter advising Orlak to be tested for hepatitis C (HCV) because her blood donor had recently tested positive for the virus. Orlak was tested, and the test was positive for HCV. Orlak sued Loyola, alleging medical negligence, medical battery, and constructive fraud for not advising Orlak to be tested sooner. Orlak alleged that the Food and Drug Administration and the National Institute of Health had published recommendations in the late 1990s that individuals who had received blood transfusions in the early 1990s be tested for HCV. Loyola filed a motion to dismiss, arguing that Orlak’s claims were barred by the four-year statute of repose for actions arising out of patient care. The trial court granted the motion, and the court of appeals affirmed. Orlak petitioned the Illinois Supreme Court for review.

Rule of Law

Issue

Holding and Reasoning (Garman, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 457,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 457,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 17,300 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers


Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial