The Lamberts sued the Associated Catholic Charities, alleging that it had misrepresented or failed to disclose key facts in connection with the adoption of their son Jeffrey. Jeffrey was adopted in 1983.

There were signs as early as 1985 that he was not "normal"; from that time on he had behavioral problems and was prescribed a number of special medications. In March 1990 a physician told Mrs. Lambert that Jeffrey had likely suffered a prenatal injury. At some point after October 1990 another physician advised the parents that Jeffrey had FAS. The Lamberts sued in July, 1991.

The defendant sought to dismiss the case on the ground that the statute of limitations had run. The critical question was whether the one year limitations period began to run in October 1990, when the FAS diagnosis occurred, or prior to July 1990. The court held that the period began to run before July 1990. "[K]nowledge of permanent impairment, without a formal diagnosis of fetal alcohol syndrome, is enough to place an adoptive parent on notice and thus trigger the running of [the statute of limitations." (**5). It is unclear whether the critical date was 1985 or March 1990. Decisions in other states hold that the limitations period only begins to run when the plaintiff learn of the existence of FAS.