On April 3, 2008, in Williams v. Manchester, the Illinois Supreme Court overturned the 1st District Appellate Court's decision in allowing a wrongful death claim brought by a mother who had an abortion after a car accident in which she suffered a broken pelvis (see my prior update on the Appellate Court's decision below). The Illinois Supreme Court has reversed that decision.
The Illinois Supreme Court held the plaintiff/mother could not bring a wrongful death claim for the death of her unborn child because the fetus was unharmed by the car accident; and therefore, would not have had a cause of action against the defendant at the time of the abortion. Thus, the parents cannot maintain a cause of action for wrongful death.
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