M.H. And J.L.H. v. Caritas Family Services

488 N.W.2d 282 (1992)

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Nature of the Case

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Facts

H and W (Ps) were married in 1977 and sought to adopt. They contacted Caritas (D), and after a time they were told that a child of incest might be available. Ps indicated they would take any child but one with a serious mental deficiency. When they met with D, they were told that there might be a possibility of incest and that the baby had a plugged ear duct and an undescended testicle but was otherwise in good health. A profile was given Ps, which described the baby as in good health and that both parents were of normal intelligence and in good health and that other members of their family did have coronary trouble, muscular dystrophy, and a nervous breakdown. One cousin of the natural mother was retarded, and an uncle had an ulcer. Ps took the baby home and noticed that he was jumpy nervous and did not sleep very much. They contacted a doctor to find out if the mother had taken drugs during pregnancy and D informed them that the genetic mother was not on drugs during pregnancy. Sometime after the adoption became final, D sent a document telling Ps that the mother was 17 and not 13, as they had previously been told. D assured them that it was wrong. The child had numerous problems and exhibited hyperactivity to the point of setting fires indoors. Eventually, it was revealed that the genetic parents were a 17-year-old boy and his 13-year-old sister, that D knew of this from the very beginning, and that the boy had mental problems. Ps sued D for failure to disclose and negligent failure to disclose. During discovery, D used state laws to resist telling information about the genetic parents. P moved for summary judgment. The court granted D summary judgments except for the negligent misrepresentation. The court of appeals affirmed and reversed the intentional misrepresentation claim and allowed amendment for the negligent or intentional infliction of emotional distress.