Opinion

Renslow v. Mennonite Hospital

  • 67 Ill. 2d 348
  • 10 Ill. Dec. 484
  • 367 N.E.2d 1250
  • 91 A.L.R. 3d 291
  • 1977 Ill. LEXIS 328
Court
Illinois Supreme Court
Filed
Aug 8, 1977
Status
Published
Author
Ward
On the bench
Mr. Justice Moran Mr. Justice Goldenhersh Mr. Justice Clark
Cited by
151 cases

finding re-suiting injury to daughter actionable where hospital negligently transfused blood in woman years earlier, noting that the “time gap between the wrongful act and the suffering is immaterial;] [t]he cause of action is uniformly created not at the time of the negligent act, but only when the injury has been sustained”

How later courts described this case

  • finding re-suiting injury to daughter actionable where hospital negligently transfused blood in woman years earlier, noting that the “time gap between the wrongful act and the suffering is immaterial;] [t]he cause of action is uniformly created not at the time of the negligent act, but only when the injury has been sustained”
  • recognizing independent duty of care to fetus not yet conceived at time physician negligently caused mother's blood to become RH sensitized, noting "there is a right to be born free from prenatal injuries foreseeably caused by a breach of duty to the child's mother"
  • recognizing a “right to be born free from prenatal injuries foreseeably caused by a breach of duty to the child’s mother,” where child was born impaired due to a negligent transfusion of Rh-positive blood to the mother several years prior to conception
  • recognizing a cause of action on behalf of a child who suffered severe prenatal injuries as a result of defendants' negligent administration of an Rh-positive blood transfusion to her Rh-negative mother nine years prior to the child's conception

Written by the judges who cited it.

The opinion

MR. CHIEF JUSTICE WARD, dissenting:

I agree with Mr. Justice Underwood’s observations.

The holding that a person not in being at the time of a defendant’s claimed negligence has a cause of action obviously creates conceptual difficulties, as well as concrete problems, such as how to measure the insurance risk and the possible exposure of a defendant to claims by successive generations of plaintiffs who complain of genetic injury. To say that, when difficult cases hereafter arise, the judiciary will draw “rational distinctions, consonant with current perceptions of justice” is to me simply a placebo.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.