Mennonite Hospital negligently transfused the wrong type of blood into Emma Renslow, with no immediate effects. Eight years later, when she was pregnant, the condition was identified and the fetus, Leah Renslow, had to be birthed prematurely. She suffered from hyperbilrubinemia.
- Is a duty owed to a child if the wrongful act occurred before conception?
Green, writing for the court, held that a duty was indeed owed, as it was reasonable to foresee that the woman would become pregnant and that this would cause complications in the pregnancy.
The duty owed to plaintiffs who are not yet in existence can extend before the point of conception.