Plummer v. Gillieson

When the plaintiff was eight years and two months old, a complaint for medical malpractice was filed by her mother on her behalf in the Superior Court against the defendants. The action sought to recover damages for injuries sustained by the plaintiff during her birth. The defendants filed motions to dismiss on the ground that the action was barred by the repose provision of G. L. c. 231, § 60D.3 The plaintiff opposed the motions, arguing that because she was under two years of age when her injuries occurred, she had, under G. L. c. 231, § 60D, until the age of nine to bring the action, and…