Clayton D. Richards v. Vanderbilt University Medical Center (Health Care Liability under TCA 29-26-121(c))

Style: Clayton D. Richards v. Vanderbilt University Medical Center

TSC Docket Number: M2022-00597-SC-R11-CV

Link to Trial Court Opinion: https://tncourts.gov/sites/default/files/OpinionsPDFVersion/Majority%20Opinion%202022-597-COA.pdf

Summary by Trial Court:

This appeal concerns a complaint for health care liability. Although Tennessee Code Annotated section 29-26-121(c) provides for an extension of the applicable statutes of limitations in health care liability actions when pre-suit notice is given, it also specifies that “[i]n no event shall this section operate to shorten or otherwise extend the statutes of limitations or repose applicable to any action asserting a claim for health care liability, nor shall more than one (1) extension be applicable to any [health care] provider.” After a prior lawsuit was voluntarily dismissed without prejudice, Plaintiff provided new pre-suit notice and refiled in reliance on the Tennessee saving statute and an extension under Tennessee Code Annotated section 29-26-121(c). The trial court dismissed the refiled complaint with prejudice, however, holding, among other things, that Plaintiff could not utilize the statutory extension in his refiled action because he had already utilized a statutory extension in the first lawsuit. For the reasons discussed herein, we affirm the trial court’s dismissal of Plaintiff’s lawsuit.

Permission to Appeal Granted: December 20, 2023

Appellants’ Briefs Filed: February 19, 2024

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Oral Argument Date: May 29, 2024

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