Orlak v. Loyola University Health System

State: Illinois

Docket No: 102534 Rel

Case Date: 12/28/2007

Preview:Docket No. 102534.

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

DIANE ORLAK, Appellant, v. LOYOLA UNIVERSITY HEALTH SYSTEM et al., Appellees. Opinion filed December 28, 2007.

JUSTICE GARMAN delivered the judgment of the court, with opinion. Justices Freeman, Fitzgerald, and Karmeier concurred in the judgment and opinion. Justice Kilbride specially concurred, with opinion. Justice Burke dissented, with opinion. Chief Justice Thomas took no part in the decision. OPINION In July 2002, plaintiff, Diane Orlak, sued defendant Loyola University Health System (Loyola) in the circuit court of Cook County, alleging that Loyola was liable to her for an alleged failure to notify her in a timely manner that she may have contracted hepatitis C (HCV) from a blood transfusion that she received in 1989 during hospitalization for injuries sustained in an accident. The circuit court granted Loyola's motion to dismiss, finding that plaintiff's action was barred by the statute of repose contained in section 13

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