Elizabeth Downing and Marcella Berry, as Co-Administrators of the Estate of Linda Berry v. Paul Grossman, and Catholic Health Initiatives Iowa, Corp. d/b/a Mercy Medical Center, Mercy Medical Center West Lakes, and Mercy Surgical Affiliates, 973 N.W.2d 512

Background

2004 CT at Mercy first showed a benign right‑kidney cyst; subsequent CTs in 2006 and 2009 showed growth but the cyst was treated as an incidental finding.
On Oct. 1, 2009 a Mercy radiologist noted the mass had enlarged and recommended MRI/follow‑up; Dr. Grossmann (ER) ordered treatment for colitis but plaintiffs contend he did not inform Berry or her PCP about the kidney mass.
Berry returned to Mercy Oct. 3 and saw Dr. Grossmann Oct. 6; records reference the mass but plaintiffs (and Berry’s daughter) say they were never told and there was no documented disclosure to the PCP.
In April 2016 a University Hospitals CT discovered the mass had grown and biopsy confirmed metastatic renal cell carcinoma; Berry had surgery and later died in 2019.
Berry (later her estate) sued on April 10, 2018 for malpractice based on failure to disclose; defendants moved for summary judgment under Iowa’s six‑year statute of repose (Iowa Code § 614.1(9)(a)).
District court granted summary judgment; court of appeals reversed; Iowa Supreme Court granted further review and vacated the court of appeals, affirming summary judgment for defendants.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether fraudulent concealment can estop invocation of the six‑year statute of repose when the alleged concealment is the same conduct as the underlying failure to disclose	Berry: Grossmann repeatedly concealed the CT findings (didn't tell patient or PCP), so equitable estoppel applies	Grossmann: Concealment must be an act distinct from the liability‑creating failure to disclose; here it is the same conduct, so repose applies	Court: Fraudulent concealment requires an independent, subsequent concealment act; where failure to disclose is the very wrong alleged, estoppel does not apply; summary judgment affirmed

Key Cases Cited

Christy v. Miulli, 692 N.W.2d 694 (Iowa 2005) (sets equitable‑estoppel/fraudulent‑concealment elements and requires independent, subsequent act to conceal cause of action)
Skadburg v. Gately, 911 N.W.2d 786 (Iowa 2018) (silence can satisfy concealment when independent and subsequent to liability‑producing act)
Estate of Anderson v. Iowa Dermatology Clinic, PLC, 819 N.W.2d 408 (Iowa 2012) (fraudulent concealment can estop statute of repose; explains repose vs. limitations)
Schlote v. Dawson, 676 N.W.2d 187 (Iowa 2004) (failure to disclose that lies at the heart of the malpractice claim is not an independent concealment)
Van Overbeke v. Youberg, 540 N.W.2d 273 (Iowa 1995) (same principle: nondisclosure that forms the basis of liability cannot also be the basis for fraudulent concealment)
Albrecht v. General Motors Corp., 648 N.W.2d 87 (Iowa 2002) (explains statute of repose can bar claims before accrual and reflects legislative repose policy)
Rathje v. Mercy Hosp., 745 N.W.2d 443 (Iowa 2008) (describes six‑year medical malpractice repose as an outside limitation even if injury not yet discovered)
Hallett Construction Co. v. Meister, 713 N.W.2d 225 (Iowa 2006) (fraudulent‑concealment analysis requires more than allegations identical to the underlying fraud)
Meier v. Alfa‑Laval, Inc., 454 N.W.2d 576 (Iowa 1990) (articulates elements of equitable estoppel/fraudulent concealment)
Bob McKiness Excavating & Grading, Inc. v. Morton Bldgs., Inc., 507 N.W.2d 405 (Iowa 1993) (illustrates how statutes of repose run from defendant's act regardless of discovery)