Plaintiffs (parents and child) filed medical malpractice claim for alleged injuries child sustained around the time of her birth; and parents asserted claims under Family Expense Act. Defendants filed Rule 215 pretrial motion to compel Plaintiffs to submit to a blood draw for the purpose of Trio WES analysis, a type of genetic testing, with affidavit from a clinical geneticist stating that infant''s physical and mental impairments likely have a substantial genetic cause. Court entered contempt order against Plaintiff's counsel for refusing to direct Plaintiffs to consent to a blood draw. Court is required, under plain language of Rule 215, to first address whether parents were parties whose physical conditions were in controversy, but court failed to do so. Discovery order was granted without a sufficient underpinning. Contempt order vacated because counsel's refusal was not contemptuous. (CAVANAGH and STEIGMANN, concurring.)
Illinois Appellate Court
Civil Court
Discovery