approximately eight years later was an unforeseeable intervening act. Id. 10 Ill.Dec. 484, 367 N.E.2d at 1253. Defendant also stressed that the potential for indeterminate liability for a single wrongful act argued against recognition of a preconception tort cause of action. Id. 10 Ill.Dec. 484, 367 N.E.2d at 1255. Rejecting defendant’s contentions, the Illinois Supreme Court, 4-3, remanded the case for trial observing that “it is not necessary that the legal duty be owed to one in existence at the time of the wrongful act.” Id. 10 Ill.Dec. 484, 367 N.E.2d at 1256. A number of cases from other jurisdictions subsequently have recognized malpractice causes of action based on preconception torts. See, e.g., Empire Casualty Co. v. St. Paul Fire & Marine Ins. Co., 764 P.2d 1191 (Colo.1988) (<HOLDING>); Walker v. Rinck, 604 N.E.2d 591 (Ind.1992)
recognizing the unique relationship between mother and child during pregnancy and birth and permitting mothers claim for emotional distress where the mothers emotional wellbeing and the birth of the child are inextricably intertwined recognizing infants preconception tort claim based on allegations that medical centers misidentification of mothers rh negative blood as rh positive led to doctors failure to administer rhogam following earlier pregnancy causing mothers rh isoimmunization to inflict severe damage to child of subsequent pregnancy recognizing preconception tort cause of action for child born with rubella syndrome based on allegations that physicians who treated mother during earlier pregnancy failed to test or immunize mother for rubella holding ohios child endangerment statute does not apply to mothers who abuse drugs during pregnancy recognizing cause of action for preconception tort based on allegation that obstetricians mismanagement of mothers prior pregnancy including failure to diagnose and test mothers rh isoimmunization was proximate cause of severe injuries to child of subsequent pregnancy