Renslow v. Mennonite Hosp. - 67 Ill. 2d 348, 10 Ill. Dec. 484, 367 N.E.2d 1250 (1977)

Rule:

A defendant may be held liable to a person whose existence was not apparent at the time of his act. It is illogical to bar relief for an act done prior to conception where the defendant would be liable for this same conduct had the child, unbeknownst to him, been conceived prior to his act. There is a right to be born free from prenatal injuries foreseeably caused by a breach of duty to the child's mother.

Facts:

When plaintiff was an adolescent, defendants gave her a blood transfusion with blood that was incompatible with her own. As a result of the transfusion, plaintiff's minor child was born premature and had a variety of health problems. Plaintiff sued defendants on behalf of herself and her minor child. The trial court dismissed the action on behalf of the minor child. The appellate court reinstated the claim. Defendants sought further review.

Issue:

Under the circumstances, was it proper to reinstate the plaintiff’s claim on behalf of the minor child? 

Answer:

Yes.

Conclusion:

The court affirmed the reinstatement of plaintiff's claim on behalf of the minor child because the fetus did not have to be viable at the time prenatal injuries were sustained to support an action for those injuries. Further, as the risk of harm to the child was reasonably foreseeable, the delay between defendants' acts and the injury to plaintiff's minor child did not bar the action. Finally, defendants could be held liable to a person whose existence was not apparent at the time of their acts; therefore, relief was not barred simply because the child was not conceived at the time of defendants' negligent actions.