Burr v. Board Of County Commissioners Of Stark County

491 N.E.2d 1101 (1986)

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Nature of the Case

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Facts

Ps contacted the adoption division of D expressing their desire to adopt a child. Ps were told that a seventeen-month-old boy was available for adoption. Schaub (D) told Ps the infant was borne by an eighteen-year-old unwed mother, that the mother was living with her parents, that the mother was trying to take care of the child and trying to work during the day, that the grandparents were mean to the child, that the mother was going to Texas for better employment, and that she had surrendered the child for adoption. Ps were told that the child was a nice big, healthy, baby boy' who had been born at the Massillon City Hospital. Ps adopted the 17-month-old boy named Patrick from D. Caseworker Schaub (D) blatantly lied about the child’s health and circumstances of birth. Patrick suffered from many physical and mental problems. Physical twitching, speech impediment, poor motor skills, and learning disabilities were among Patrick's problems. During primary school, Ps were advised that Patrick was not like other children. He was classified as E.M.R. (educable, mentally retarded) and attended special education classes. Despite the support and special care provided by the Burrs, Patrick's general condition did not improve. Patrick was observed to also suffer from hallucinations. Patrick was diagnosed as suffering from Huntington's Disease, a genetically inherited disease which destroys the central nervous system. Movement disorders, delusions, and intellectual deterioration are all associated with the disease. The average life expectancy after onset if the disease begins during childhood is 8.5 years. Ps obtained a court order opening the sealed records concerning his background prior to adoption. Patrick's mother was a thirty-one-year-old mental patient at the Massillon State Hospital. Patrick had not been born at the state mental institution. The father's identity was unknown, but he was presumed to also have been a mental patient. Patrick's biological mother shared his low intellectual level and also had a speech impediment. She was diagnosed as having a 'mild mental deficiency, idiopathic, with psychotic reactions' and was described as 'bovine.' Other than the boy's age and sex all the rest of what Ps' were told were blatant fabrications. Prior to adoption, he had been placed in two foster homes. The assessments prior to adoption indicated that the boy was functioning at a lower intellectual level than his chronological age. Expert testimony established that Patrick's family background and medical profile made him at risk for Huntington's disease. Ps commenced this 'wrongful adoption' action against Ds. Ps testified that they would have never considered the child for adoption if they had been told the truth. The jury returned a verdict in favor of appellees in the sum of $125,000. The court of appeals affirmed the trial court's judgment. Ds appealed.