Schramm v. Lyon

673 S.E.2d 241 (2009)

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Nature of the Case

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Facts

In 1982, P had her spleen removed. In September 2004, P developed overwhelming post-splenectomy infection (OPSI), a condition which resulted in significant physical injuries, including the amputation of parts of her arms and legs. P filed a medical malpractice action against eight physicians and their practices who had treated her in the five years prior to the filing of the action. P eventually alleged that each doctor failed to advise and warn her about the risk of developing OPSI, failed to inform her of preventative measures she should have taken to reduce the risk of developing OPSI, and failed to prescribe appropriate medications and vaccinations which would have prevented infections that can lead to OPSI. Ds, three Doctors, each of whom Lyon had first seen prior to August 29, 2001, moved to dismiss the claims against them on the basis of the statute of repose. The statute had a five year after the date on which the negligent or wrongful act or omission occurred cutoff date. The court granted the motion, holding that the statute of repose began to run from the date Ds first provided medical care to P regardless of whether they committed subsequent negligent acts. The Court of Appeals reversed. Ds appealed.