Mr. and Mrs. Price sued the state of Washington alleging wrongful adoption.

When the child was only a year old state officials diagnosed him as having neurological disorders. This was not disclosed to the parents, and after the adoption the child's pediatrician for several years detected no problems. At the age of 5 the child was diagnosed as hyperactive. At 8 or 9, a psychologist diagnosed the child as having "conduct disorder." As he grew older, his conduct become more destructive and uncontrollable. He was placed on numerous medications, without success. Finally, at the age of 14, the child was diagnosed by specialists at the Oregon Health Sciences University as having FAE.

The main issue on appeal was whether the parents had waited too long to sue. Although the Prices by 1991 clearly knew that the child had neurological problems, and suspected FAS/FAE, the court concluded that it was not until 1994 that the parents had learned enough that they were on notice of their claim against the state.

Among other things, the state officials had been told by the child's mother that during the pregnancy the mother had been drunk, although the sister had not actually seen the mother in the act of drinking. 980 P. 2d at 307. The court concluded the sister's observations were sufficient to put the state on notice. 980 P. 2d at 311.