Heredia v. O'Brien
33 N.E.3d 807
Ill. App. Ct.2015Background
- Plaintiff had APS and lupus, was hospitalized at Rush in 2009 for a stroke, and underwent a May 6, 2009 renal biopsy.
- Post-biopsy, she developed a large, infected perinephric hematoma requiring extended inpatient care.
- Her initial 2010 complaint named radiologists Mishra and Paruchuri and their employers for biopsy-related negligence.
- In 2013 she filed a new action naming hematologists O’Brien and Tuncer and Rush, asserting hematology care negligence.
- Defendants moved to dismiss under 2-619 arguing the claims were untimely under 13-212(a); trial court agreed; appellate review followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 2013 action was timely under 13-212(a). | Her knowledge of hematology negligence arose after Paruchuri’s deposition. | Discovery-based notice occurred no later than December 30, 2010. | No; 2013 action time-barred. |
| Whether knowledge of injury and its wrongful cause triggered the two-year clock. | Her injuries and cause were not discoverable until later than 2010. | Plaintiff knew or should have known both injury and wrongful cause by 2010. | Running of 13-212(a) began by 2010. |
| Whether cases tolling or exceptions apply to delay accrual. | Neade/Mitsias tolling could apply due to concealment or unknown causes. | No concealment or inherently unknowable cause; standard accrual applies. | Not tolled; no exception applies. |
Key Cases Cited
- McCormick v. Uppuluri, 250 Ill. App. 3d 386 (1993) (accrual when injury and its cause become knowable enough to prompt inquiry)
- Wells v. Travis, 284 Ill. App. 3d 282 (1996) (receipt of expert report triggers inquiry duty regardless of who is named)
- Mitsias v. I-Flow Corp., 2011 IL App (1st) 101126 (2011) (tolling limits when second cause unknown to science but not inherently unknowable)
- Neade v. Engel, 277 Ill. App. 3d 1004 (1996) (fraud/concealment tolling where defendant obstructed discovery)
- Castello v. Kalis, 352 Ill. App. 3d 736 (2004) (early accrual unless undisputed facts require court resolution)
- Witherell v. Weimer, 85 Ill. 2d 146 (1981) (establishes inquiry notice standard for accrual)
- Knox College v. Celotex Corp., 88 Ill. 2d 407 (1981) (factual inquiry triggers discovery-based accrual)
- Saunders v. Klungboonkrong, 150 Ill. App. 3d 56 (1986) (recognizes discovery principles in accrual timing)
- Steinmetz v. Wolgamot, 2013 IL App (1st) 121375 (2013) (discusses knowing injury and its cause to start statute)