Legal Opinion

The Estate of Erika L. Herren Anderson, by and Through Its Duly Appointed Administrator, Todd Herren and Todd Herren, Individually and as Next Best Friend and Natural Father of Ryan Herren, a Minor, and Brynn Herren, a Minor v. Iowa Dermatology Clinic, PLC, a Corporation Charles W. Love, an Individual and Pathology Laboratory, P.C., a Corporation N/K/A Iowa Pathology Associates, P.C.

Supreme Court of Iowa

Decided July 13, 2012No. 11–0657PublishedCited by 15 opinions

1Opinion of the Court

HECHT, Justice.

In this case, we are asked to review a summary judgment ruling dismissing a wrongful death action because it was commenced later than is allowed under Iowa Code section 614.1(9) (2011), a statute of repose limiting the time allowed for commencing medical negligence cases. The plaintiffs contend their case should not have been dismissed because the defendants fraudulently concealed the fact that a tissue specimen harvested from the plaintiffs’ decedent more than six years before the filing of this action was not evaluated by a board-certified pathologist. In the alternative, the…

2Cases cited16 opinions

  1. Borderlon v. PeckTexas Supreme Court · 1983
  2. Farley v. GoodeSupreme Court of Virginia · 1979
  3. District Township of Boomer v. FrenchSupreme Court of Iowa · 1875
  4. Bob McKiness Excavating & Grading, Inc. v. Morton Buildings, Inc.Supreme Court of Iowa · 1993
  5. Christy v. MiulliSupreme Court of Iowa · 2005

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3Cited by15 opinions

  1. Michelle R. Skadburg v. Gary Gately and Whitfield and Eddy, PLCSupreme Court of Iowa · 2018
  2. Estate of Paul Dedrick Gray by Brenna Marie Gray, Administrator of the Estate, and Brenna Marie Gray, Individually and on Behalf of O.D.G., Minor Child of Paul Dedrick Gray and Brenna Marie Gray v. Daniel J. Baldi Daniel J. Baldi, D.O., P.C. United Anesthesia & Pain Control, P.C. Central Iowa Hospital Corporation Iowa Health Pain Management Clinic Iowa Health System Unitypoint Health BroadlSupreme Court of Iowa · 2016
  3. BVS, Inc. v. CDW Direct, LLCDistrict Court, N.D. Iowa · 2013
  4. Herbst v. Givaudan Flavors Corp.District Court, N.D. Iowa · 2018
  5. Amended August 23, 2016 Estate of Paul Dedrick Gray by Brenna Marie Gray, Administrator of the Estate, and Brenna Marie Gray, Individually and on Behalf of O.D.G., Minor Child of Paul Dedrick Gray and Brenna Marie Gray Vs. Daniel J. Baldi Daniel J. Baldi, D.O., P.C. United Anesthesia & Pain Control, P.C. Central Iowa Hospital Corporation Iowa Health Pain Management Clinic Iowa Health SystemSupreme Court of Iowa · 2016

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