Orlak v. Loyola University Health System
Illinois Supreme Court
885 N.E.2d 999 (2007)
Relevant factsFree
Orlak received a blood transfusion during 1989 hospitalization, was advised in 1990 to test for HIV (negative), and was not told to test for hepatitis C until 2000 after her donor tested positive, despite late-1990s public health recommendations that earlier-1990s transfusion recipients be tested for HCV; she sued for negligence, battery, and constructive fraud, and the hospital argued the four-year repose period had run.
IssueFree
Whether a statute of repose bars all actions after a certain time has passed from the defendant's conduct, regardless of when the plaintiff discovers her injury.