New Health Care Liability Action Opinion: Trial Court's Dismissal of Case Refiled under the Saving Statute Upheld on Appeal

The Tennessee Court of Appeals has released its opinion in Richards v. Vanderbilt University Medical Center, No. M2022-00597-COA-R3-CV (Tenn. Ct. App. July 11, 2023). The syllabus reads:

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. 

Here is a link to the majority opinion: Majority Opinion 2022-597-COA.pdf (tncourts.gov).

Here is a link to Judge Stafford's separate opinion: Separate Opinion 2022-597-COA.pdf (tncourts.gov).

NOTE: This is a case I am involved in; while I was not involved in the trial court proceedings, the plaintiff's counsel was nice enough to let me help on appeal. Because of this, I will not comment further except to note that we will more than likely seek review by SCOTN on this issue.