The parents of a 26 year old developmentally disabled adult sued for wrongful death, alleging a pharmacy refilled their son’s prescription for anti-seizure mediation at a higher than required dosage, and that lowering the dosage approximately two months later resulted in his death.
The trial court dismissed the claim, not because it lacked merit, but because under wrongful death statutes parents can only bring a wrongful death claim for minor children, or for adult children upon whom they rely for support. The Court of Appeals affirmed, noting that the plain language of the statute and case law precedent compel the result.[1]
Therefore, the parents of adult developmentally developed children may not bring a claim in court, no matter how strong the facts of the case may be. This is true even if the child, though an adult in terms of chronological age, is developmentally disabled and will never be independent.
As always, this short summary is not a substitute for legal advice. You should always consult with an attorney for advice about your circumstances.
[1] Bennett v. Seattle Mental Health, Wash. Ct. App. No. 61811-3-I (published Feb. 06, 2012).