Boyer v. Vandenbrink

On May 17, 1978, the Kalamazoo County Circuit Court entered an order granting defendant leave, to amend his answer to raise the statute of limitations as an affirmative defense in this medical malpractice action. The trial court then granted accelerated judgment in favor of defendant on the ground that plaintiffs’ claim was barred by the two-year statute of limitations applicable to such actions. Plaintiffs appeal.

Plaintiffs, a married couple with five children, consulted defendant about possible vasectomy surgery in February, 1972. Defendant performed a bilateral partial vasectomy upon…