Bloomer v. Wellmont Holston Valley Medical Center

ORDER

GREER, District Judge.

This medical malpractice complaint is before the Court to address the Motions to Dismiss file by the defendants based on a statute of repose defense. The complaint alleges that at the conclusion of a L5-S1 laminotomy and discectomy performed on December 26, 1997, the defendants negligently failed to remove and account for five surgical needles. While the plaintiff continued to experience back pain, only after another physician ordered a roentge-nogram on January 30, 2003, did the plaintiff discover that the surgical needles were left in his back. This action was…