The majority's opinion addresses and reconciles any perceived conflict between this opinion and Calaway v. Schucker, 93 S.W.3d 509 (Tenn. 2005). Calaway held that the three-year statute of repose for medical malpractice actions applied to all cases filed after December 9, 2005 (i.e., when Calaway was issued). For purposes of information, the complaint in Crespo, which complained of an injury to a minor more than three years before, was filed on August 2, 2007. Crespo, M2007-02601-COA-R3-CV, slip op. at 10. The plaintiffs in Crespo had relied on the long-established precedents that had held that a minor's claim was tolled until majority.
Judge Swiney issued a brief dissent. He would hold that the Crespo's claim is time-barred under Calaway.
Here's the majority opinion: http://www.tsc.state.tn.us/OPINIONS/TCA/PDF/084/CrespoKOPN.pdf
Here's Judge Swiney's dissent: