EAST ST. LOUIS - A genetic testing company filed a motion to dismiss a lawsuit alleging a DNA paternity test completed in 1989 falsely denied a biological relationship between a father and his daughter, leading to the child suffering years of abuse from another man she thought was her father.
The original lawsuit was filed in the U.S. District Court for the Southern District of Illinois by plaintiffs Carrie Michaels, Michael Ashley and Marada Zumbahlen against Genzyme Corporation, as successor to Genetic Design, Inc., et. al.
Plaintiff Carrie Michaels was born in 1985 to Marada Zumbahlen and Michael Ashley. However, in 1989, after her birth, a DNA paternity test was performed to determine if Michael was Carrie's biological father.
Genetic Design received the test results on May 18, 1989. After evaluating the results, it indicated a 0% probability that Michael was Carrie's biological father. Notably, the complaint does not mention whether Zumbahlen underwent a paternity test.
In 1991, Marada divorced from Michael and married James Zumbahlen, believing him to be Carrie's biological father. Over the years, Carrie allegedly suffered physical, emotional, and sexual abuse from Zumbahlen and witnessed him committing similar acts against other minors. He later pleaded guilty to child sex offenses and received a 25-year prison sentence.
In 2021, Carrie discovered an ancestral connection with Michael's aunt, leading to additional DNA testing. The additional testing allegedly revealed a high probability that Michael was in fact Carrie's biological father.
The plaintiffs filed a lawsuit alleging three claims against defendants Genzyme Corporation and Genetic Design, Inc., including res ipsa loquitur, negligence for failing to meet their duty to conduct accurate DNA testing, and Illinois consumer fraud for allegedly falsely ensuring the accuracy of their testing methods.
The plaintiffs are seeking damages for the denial of Michael and Carrie's biological parent-child relationship, the dissolution of Michael and Marada's marriage, the abuse Carrie experienced, and the mental anguish and guilt associated with these events.
Genzyme responded by filing a motion to dismiss the lawsuit.
Genzyme claims the plaintiffs' res ipsa loquitur claim cannot be an independent cause of action as it is a rule of evidence used to prove negligence, not a separate theory of recovery.
The defendant also argues that the plaintiffs' fraud claim is inadequately pled because it lacks specific factual details and relies on general allegations of false assurances by Genetic Design, Inc.
Genzyme further asserts that Illinois' statutes of limitations for personal injury and fraud claims bar all of Plaintiffs' claims because the alleged injury occurred 34 years ago, and the plaintiffs should have discovered it many years before they filed their complaint in 2023.
The defendant also argues that the plaintiffs cannot prove that Genetic Design, Inc.'s negligence was the proximate cause of the abuse inflicted on Carrie, making their claims for damages related to the abuse questionable.
Genzyme is represented in this case by attorneys Tyler W. Schwettman of Shook, Hardy & Bacon, LLP, in St. Louis, MO and Matthew E. DePaz in Kansas City, MO.
U.S. District Court for the Southern District of Illinois case number 3:23-cv-02021-SPM