A pregnant Villa Park woman was injured as a pedestrian by a hit-and-run vehicle near the intersection of Roosevelt and California in Chicago. The driver was later identified and charged with aggravated DUI and other traffic offenses.
The pedestrian was critically injured and was taken to Mt. Sinai Hospital, where the infant she was carrying was delivered stillborn by caesarean section.
The loss of an infant, even one not yet delivered, is a devastating loss for any family. The law in Illinois, however, did not recognize that loss. It required that the child be born alive before the family would be permitted to recover for the loss of the child under the Illinois Wrongful Death Act. Fortunately, amendments to the Illinois Wrongful Death Act extended the right of recovery to the loss of any fetus due to negligent or otherwise actionable misconduct.