Siemieniec v. Lutheran General Hospital

In Siemieniec v. Lutheran General Hospital, 117 Ill. 2d 230, 512 N.E.2d 691, 111 Ill. Dec. 302 (1987), 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 Chediak at Michael Reese Hospital. Doctor Chediak 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 Chediak 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. Doctor Booth sent a copy of the letter to Mrs. Siemieniec. Siemieniec, 117 Ill. 2d at 232. Based on this information, the Siemieniecs proceeded with the pregnancy. Siemieniec, 117 Ill. 2d at 232. Adam Siemieniec was born in October 1980 and later diagnosed with hemophilia. Siemieniec, 117 Ill. 2d at 233. The Siemieniecs filed a complaint against Doctor Booth, Doctor Chediak, Lutheran General Hospital, and Michael Reese Hospital. Siemieniec, 117 Ill. 2d at 233. The complaint alleged that, as a proximate result of defendants' negligent diagnosis and failure to accurately advise Mrs. Siemieniec of the risk of the child being born a hemophiliac, Adam Siemieniec was not aborted, to his personal injury and to the financial injury of his parents. Siemieniec, 117 Ill. 2d at 233. The trial court denied defendants' motions to dismiss, and the case eventually was appealed to the supreme court. Siemieniec, 117 Ill. 2d at 233-34. The pertinent issues before the supreme court were whether the child has a cause of action on his own behalf for extraordinary medical expenses during the age of majority and whether the parents have a cause of action for the extraordinary medical expenses of the hemophilic child during his minority. Siemieniec, 117 Ill. 2d at 233. The supreme court began its analysis by examining whether actions for "wrongful life" and "wrongful birth" should be recognized in Illinois. With regard to "wrongful birth," the court stated: "'Wrongful birth' refers to the claim for relief of parents who allege they would have avoided conception or terminated the pregnancy by abortion but for the negligence of those charged with prenatal testing, genetic prognosticating, or counseling parents as to the likelihood of giving birth to a physically or mentally impaired child. The underlying premise is that prudent medical care would have detected the risk of a congenital or hereditary genetic disorder either prior to conception or during pregnancy. As a proximate result of this negligently performed or omitted genetic counseling or prenatal testing, the parents were foreclosed from making an informed decision whether to conceive a potentially handicapped child or, in the event of a pregnancy, to terminate the same." Siemieniec, 117 Ill. 2d at 235. With regard to "wrongful life," the supreme court stated: "The corresponding action by or on behalf of an infant who suffers from a genetic or congenital disorder is denominated one for 'wrongful life.' The child claims that the physician or other health-care provider: (1) failed to accurately perform genetic screening tests prior to conception or to correctly inform the prospective parents of the hereditary nature of certain genetic disorders; (2) failed to accurately advise, counsel, or test his parents during pregnancy concerning genetic or teratogenic risks associated with childbirth suggested by maternal age, physical condition, family medical history, or other circumstances particular to the parents; or; (3) failed to perform a surgical procedure intended to prevent the birth of a congenitally or genetically defective child. The essence of the child's claim is that the medical professional's breach of the applicable standard of care precluded an informed parental decision to avoid his conception or birth. But for this negligence, the child allegedly would not have been born to experience the pain and suffering attributable to his affliction." Siemieniec, 117 Ill. 2d at 236. The supreme court refused to recognize a cause of action for "wrongful life," as it was unwilling to hold either that a child can recover damages for achieving life or that a child has suffered a legally cognizable injury by being born with a congenital or genetic impairment as opposed to not being born at all. Siemieniec, 117 Ill. 2d at 238-48. The supreme court further held "the public policy of this State to protect and to preserve the sanctity of all human life, as expressed in section 1 of the Illinois Abortion Law of 1975, militates against the judgment that an individual life is so wretched that one would have been better off not to exist." Siemieniec, 117 Ill. 2d at 251. The supreme court next considered the Siemieniecs' claim for "wrongful birth," in which they alleged that they were tortiously injured because Mrs. Siemieniec was deprived of the option of making an informed decision either to abort the fetus or give birth to a potentially genetically defective child. Siemieniec, 117 Ill. 2d at 253. The supreme court not ed that the courts which have considered such wrongful birth claims have been "almost unanimous" in recognizing such a cause of action. Siemieniec, 117 Ill. 2d at 256. The supreme court further noted that judicial acceptance of wrongful birth claims has been premised on a number of rationales, including: the theory that wrongful birth claims are "a logical and necessary extension of existing principles of tort law"; that wrongful birth claims "vindicate the societal interest in reducing and preventing the incidence of genetic defects"; that to refuse to recognize wrongful birth claims would "frustrate" the policies of tort law to compensate the victim, deter negligence, and encourage due care; and to refuse to recognize wrongful birth claims would "impermissibly burden the constitutional rights involved in conception, procreation, and other familial decisions." Siemieniec, 117 Ill. 2d at 257-58. The supreme court held, the "great weight of authority forces it to agree with the majority of the courts and the legal commentators and to hold that an action for the wrongful birth of a genetically or congenitally defective child may be maintained by the parents of such child." Siemieniec, 117 Ill. 2d at 258. The supreme court next considered the element of damages that may be recovered by the parents. The supreme court noted that most courts that have recognized a cause of action for wrongful birth have limited damages to the extraordinary expenses attendant to the care and treatment of the disabled child and have not included expenses associated with the raising of a healthy child. Siemieniec, 117 Ill. 2d at 259. The supreme court held that it aligned itself "with the majority of jurisdictions which have limited the parents' recovery of damages to the extraordinary expenses--medical, hospital, institutional, educational and otherwise--which are necessary to properly manage and treat the congenital or genetic disorder." Siemieniec, 117 Ill. 2d at 260.