DOE v. NORTHWESTERN MEMORIAL HOSP.

Nos. 1-14-0212, 14-0213, 14-0214, 14-0215, 14-0216, 14-0217, 14-0218, 14-0219, 14-0220, 14-0221, 14-0222, 14-0223, 14-0224.

19 N.E.3d 178 (2014)

John DOE No. 1 and Jane Doe No. 1, Plaintiffs-Appellees, v. NORTHWESTERN MEMORIAL HOSPITAL, a Corporation, and Northwestern Medical Faculty Foundation, a Corporation, Defendants-Appellants (Northwestern Memorial Hospital, a Corporation, and Northwestern Medical Faculty Foundation, a Corporation, Third-Party Plaintiffs; Airgas USA, LLC; Dai Scientific Equipment, Inc.; Cryosafe; Horizon Scientific, Inc., d/b/a/ Cryosafe; Taylor-Wharton Cryogenics LLC; Pacer Digital Systems, Inc.; and Phonetics, Inc., d/b/a Sensaphone, Third-Party Defendants). John Doe No. 7 and Jane Doe No. 7, Plaintiffs-Appellees, v. Northwestern Memorial Hospital, a Corporation, and Northwestern Medical Faculty Foundation, a Corporation, Defendants-Appellants (Northwestern Memorial Hospital, a Corporation, and Northwestern Medical Faculty Foundation, a Corporation, Third-Party Plaintiffs; Airgas USA, LLC; Dai Scientific Equipment, Inc.; Cryosafe; Horizon Scientific, Inc., d/b/a/ Cryosafe; Taylor-Wharton Cryogenics LLC; Pacer Digital Systems, Inc.; and Phonetics, Inc., d/b/a Sensaphone, Third-Party Defendants). John Doe No. 26, Plaintiff-Appellee, v. Northwestern Memorial Hospital, a Corporation, and Northwestern Medical Faculty Foundation, a Corporation, Defendants-Appellants (Northwestern Memorial Hospital, a Corporation, and Northwestern Medical Faculty Foundation, a Corporation, Third-Party Plaintiffs; Airgas USA, LLC; Dai Scientific Equipment, Inc.; Cryosafe; Horizon Scientific, Inc., d/b/a/ Cryosafe; Taylor-Wharton Cryogenics LLC; Pacer Digital Systems, Inc.; and Phonetics, Inc., d/b/a Sensaphone, Third-Party Defendants). John Doe No. 41 and Jane Doe No. 41, Plaintiffs-Appellees, v. Northwestern Memorial Hospital, a Corporation, and Northwestern Medical Faculty Foundation, a Corporation, Defendants-Appellants (Northwestern Memorial Hospital, a Corporation, and Northwestern Medical Faculty Foundation, a Corporation, Third-Party Plaintiffs; Airgas USA, LLC; Dai Scientific Equipment, Inc.; Cryosafe; Horizon Scientific, Inc., d/b/a/ Cryosafe; Taylor-Wharton Cryogenics LLC; Pacer Digital Systems, Inc.; and Phonetics, Inc., d/b/a Sensaphone, Third-Party Defendants). John Doe No. 42, Plaintiff-Appellee, v. Northwestern Memorial Hospital, a Corporation, and Northwestern Medical Faculty Foundation, a Corporation, Defendants-Appellants (Northwestern Memorial Hospital, a Corporation, and Northwestern Medical Faculty Foundation, a Corporation, Third-Party Plaintiffs; Airgas USA, LLC; Dai Scientific Equipment, Inc.; Cryosafe; Horizon Scientific, Inc., d/b/a/ Cryosafe; Taylor-Wharton Cryogenics LLC; Pacer Digital Systems, Inc.; and Phonetics, Inc., d/b/a Sensaphone, Third-Party Defendants). John Doe No. 43, Plaintiff-Appellee, v. Northwestern Memorial Hospital, a Corporation, and Northwestern Medical Faculty Foundation, a Corporation, Defendants-Appellants (Northwestern Memorial Hospital, a Corporation, and Northwestern Medical Faculty Foundation, a Corporation, Third-Party Plaintiffs; Airgas USA, LLC; Dai Scientific Equipment, Inc.; Cryosafe; Horizon Scientific, Inc., d/b/a/ Cryosafe; Taylor-Wharton Cryogenics LLC; Pacer Digital Systems, Inc.; and Phonetics, Inc., d/b/a Sensaphone, Third-Party Defendants). John Doe No. 44, Plaintiff-Appellee, v. Northwestern Memorial Hospital, a Corporation, and Northwestern Medical Faculty Foundation, a Corporation, Defendants-Appellants (Northwestern Memorial Hospital, a Corporation, and Northwestern Medical Faculty Foundation, a Corporation, Third-Party Plaintiffs; Airgas USA, LLC; Dai Scientific Equipment, Inc.; Cryosafe; Horizon Scientific, Inc., d/b/a/ Cryosafe; Taylor-Wharton Cryogenics LLC; Pacer Digital Systems, Inc.; and Phonetics, Inc., d/b/a Sensaphone, Third-Party Defendants). John Doe No. 45 and Jane Doe No. 45, Plaintiffs-Appellees, v. Northwestern Memorial Hospital, a Corporation, and Northwestern Medical Faculty Foundation, a Corporation, Defendants-Appellants (Northwestern Memorial Hospital, a Corporation, and Northwestern Medical Faculty Foundation, a Corporation, Third-Party Plaintiffs; Airgas USA, LLC; Dai Scientific Equipment, Inc.; Cryosafe; Horizon Scientific, Inc., d/b/a/ Cryosafe; Taylor-Wharton Cryogenics LLC; Pacer Digital Systems, Inc.; and Phonetics, Inc., d/b/a Sensaphone, Third-Party Defendants). John Doe No. 46, Plaintiff-Appellee, v. Northwestern Memorial Hospital, a Corporation, and Northwestern Medical Faculty Foundation, a Corporation, Defendants-Appellants (Northwestern Memorial Hospital, a Corporation, and Northwestern Medical Faculty Foundation, a Corporation, Third-Party Plaintiffs; Airgas USA, LLC; Dai Scientific Equipment, Inc.; Cryosafe; Horizon Scientific, Inc., d/b/a/ Cryosafe; Taylor-Wharton Cryogenics LLC; Pacer Digital Systems, Inc.; and Phonetics, Inc., d/b/a Sensaphone, Third-Party Defendants). John Doe No. 47 and Jane Doe No. 47, Plaintiffs-Appellees, v. Northwestern Memorial Hospital, a Corporation, and Northwestern Medical Faculty Foundation, a Corporation, Defendants-Appellants (Northwestern Memorial Hospital, a Corporation, and Northwestern Medical Faculty Foundation, a Corporation, Third-Party Plaintiffs; Airgas USA, LLC; Dai Scientific Equipment, Inc.; Cryosafe; Horizon Scientific, Inc., d/b/a/ Cryosafe; Taylor-Wharton Cryogenics LLC; Pacer Digital Systems, Inc.; and Phonetics, Inc., d/b/a Sensaphone, Third-Party Defendants). John Doe No. 48, Plaintiff-Appellee, v. Northwestern Memorial Hospital, a Corporation, and Northwestern Medical Faculty Foundation, a Corporation, Defendants-Appellants (Northwestern Memorial Hospital, a Corporation, and Northwestern Medical Faculty Foundation, a Corporation, Third-Party Plaintiffs; Airgas USA, LLC; Dai Scientific Equipment, Inc.; Cryosafe; Horizon Scientific, Inc., d/b/a/ Cryosafe; Taylor-Wharton Cryogenics LLC; Pacer Digital Systems, Inc.; and Phonetics, Inc., d/b/a Sensaphone, Third-Party Defendants). John Doe No. 49, Plaintiff-Appellee, v. Northwestern Memorial Hospital, a Corporation, and Northwestern Medical Faculty Foundation, a Corporation, Defendants-Appellants (Northwestern Memorial Hospital, a Corporation, and Northwestern Medical Faculty Foundation, a Corporation, Third-Party Plaintiffs; Airgas USA, LLC; Dai Scientific Equipment, Inc.; Cryosafe; Horizon Scientific, Inc., d/b/a/ Cryosafe; Taylor-Wharton Cryogenics LLC; Pacer Digital Systems, Inc.; and Phonetics, Inc., d/b/a Sensaphone, Third-Party Defendants). John Doe No. 50, Plaintiff-Appellee, v. Northwestern Memorial Hospital, a Corporation, and Northwestern Medical Faculty Foundation, a Corporation, Defendants-Appellants (Northwestern Memorial Hospital, a Corporation, and Northwestern Medical Faculty Foundation, a Corporation, Third-Party Plaintiffs; Airgas USA, LLC; Dai Scientific Equipment, Inc.; Cryosafe; Horizon Scientific, Inc., d/b/a/ Cryosafe; Taylor-Wharton Cryogenics LLC; Pacer Digital Systems, Inc.; and Phonetics, Inc., d/b/a Sensaphone, Third-Party Defendants).

Appellate Court of Illinois, First District, Fifth Division.

September 19, 2014.


Attorney(s) appearing for the Case

Donohue Brown Mathewson & Smyth LLC, of Chicago ( John J. Duffy , Karen Kies DeGrand , Victoria D. Hartstein , and Daniel J. Cozzi , of counsel), for appellants.

Corboy & Demetrio, of Chicago ( Michael K. Demetrio and Matthew T. Jenkins , of counsel), for appellees.


OPINION

Presiding Justice PALMER delivered the judgment of the court, with opinion.

¶ 1 Plaintiffs John Doe No. 1 and Jane Doe No. 1 (JJ Doe 1), John Doe No. 7 and Jane Doe No. 7 (JJ Doe 7), John Doe No. 26 (Doe 26), John Doe No. 41 and Jane Doe No. 41 (JJ Doe 41), John Doe No. 42 (Doe 42), John Doe No. 43 (Doe 43), John Doe No. 44 (Doe 44), John Doe No. 45 and Jane Doe No. 45 (JJ Doe 45), John Doe No. 46 (Doe 46), John Doe No. 47 and Jane Doe No. 47...

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