Ellenwine v. Fairley
2006 Ind. LEXIS 359, 2006 WL 1163271, 846 N.E.2d 657 (2006)
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Rule of Law:
When a child dies from medical malpractice, a wrongful death claim brought by the parents must be filed within the earlier of two years from the child's death or the child's eighth birthday, rather than solely within two years of the alleged malpractice.
Facts:
- Michelle Ellenwine gave birth to her son, Dustin, on December 19, 1996.
- Dr. Dawn Fairley was Michelle’s treating physician throughout the pregnancy.
- Complications arose during Dustin’s delivery, and he suffered brain damage and experienced seizures due to oxygen deprivation.
- Dustin Ellenwine died on February 2, 1999, at two years old, as a result of the injuries sustained during delivery.
Procedural Posture:
- On October 12, 1999, Michelle and Alvie Ellenwine filed a proposed medical malpractice complaint against Dr. Fairley with the Indiana Department of Insurance.
- On October 23, 2001, the statutory medical review panel issued a unanimous written opinion in favor of the Ellenwines.
- On October 30, 2001, the Ellenwines filed a claim in the St. Joseph Superior Court (trial court) under Indiana’s Child Wrongful Death Act.
- Dr. Fairley filed a motion for summary judgment, arguing the action was barred by the Indiana Medical Malpractice Act's two-year statute of limitations.
- The St. Joseph Superior Court (trial court) granted Dr. Fairley's motion for summary judgment.
- The Ellenwines appealed to the Indiana Court of Appeals, where they were Appellants and Dr. Fairley was Appellee.
- The Indiana Court of Appeals reversed the trial court's decision, holding that the two-year medical malpractice statute of limitations could not be constitutionally applied to bar the Ellenwines’ wrongful death claim because the wrongful death claim did not arise until after the two-year period had lapsed.
- Dr. Fairley filed a Petition to Transfer to the Indiana Supreme Court.
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Issue:
Does the Indiana Medical Malpractice Act's two-year occurrence-based statute of limitations, including its 'eighth birthday' exception for minors, apply to a Child Wrongful Death Act claim brought by parents when a child dies from alleged medical malpractice, or does the CWDA's two-year-from-death limitations period apply?
Opinions:
Majority - Sullivan, Justice
Yes, the Child Wrongful Death Act claim brought by parents when a child dies from alleged medical malpractice is subject to a statute of limitations that requires filing within the first to expire of either the MMA's 'eighth birthday' exception or the CWDA's two-year-from-date-of-death provision. The Court agreed with Dr. Fairley that the two-year occurrence-based statute of limitations in the MMA generally applies to wrongful death claims based on medical malpractice, despite finding that prior Court of Appeals cases (Frady, Hopster, Randolph) incorrectly relied on inapposite precedent (Community Hospital) to reach this conclusion. The Court reasoned that applying only the two-years-after-death limitations period of the wrongful death statute, where the death is caused by medical malpractice, would be inconsistent with the MMA's primary legislative purpose of fostering prompt litigation of medical malpractice claims. Furthermore, just as the MMA's medical review panel requirements apply to such claims, so too should its limitations provision. The Court clarified that the Survival Act, not the MMA, terminates a child's medical malpractice claim at death if the death is caused by the malpractice. Thus, the MMA and CWDA operate together, requiring the Ellenwines' CWDA claim to be filed within the earlier of Dustin's eighth birthday or two years from his date of death. Since the Ellenwines filed their proposed medical malpractice complaint on October 12, 1999 (before Dustin's eighth birthday, which would have been December 19, 2004) and their CWDA claim in court on October 30, 2001 (within two years of his death on February 2, 1999, and also before his eighth birthday), their claim was timely.
Analysis:
This case provides critical clarification regarding the complex interplay between Indiana's Medical Malpractice Act (MMA), Child Wrongful Death Act (CWDA), and Survival Act concerning statutes of limitations for minors. It establishes a specific, dual-track limitations framework for child wrongful death claims arising from medical malpractice, balancing the legislative intent to encourage prompt litigation with the need to provide a reasonable time frame for claims involving children's deaths. By clarifying that such claims must be filed within the earlier of two years from death or the child's eighth birthday, the ruling offers important guidance for both plaintiffs and healthcare providers, preventing potential indefinite liability while ensuring meritorious claims are not prematurely barred.
