Holly Stroth, Personal Representative of the Wrongful Death Estate of Gary Carl Stroth v. North Lincoln County Hospital District, d/b/a Star Valley Medical Center
2014 WY 81
Wyo.2014Background
- Decedent Gary Stroth vomited during ambulance transport and in Star Valley Medical Center ER on Sept. 23, 2010; was later transferred to EIRMC and died Oct. 13, 2010.
- Holly Stroth, as personal representative, filed a wrongful death suit alleging negligent care by Thayne Ambulance Service, Star Valley Medical Center (Hospital), and Town of Thayne (respondeat superior).
- Stroth submitted a medical-review-panel (MRP) notice against the Hospital on July 6, 2011; the Hospital waived panel proceedings on Sept. 9, 2011.
- Stroth presented a WGCA notice-of-claim to the defendants on Oct. 11, 2012 (about 2 years + 2 weeks after the alleged act); she filed suit Oct. 15, 2012.
- Defendants moved to dismiss under W.R.C.P. 12(b)(6) for failure to file a WGCA notice within the two-year statutory period. The district court dismissed; the Wyoming Supreme Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the MRP Act tolling provision (W.S. § 9-2-1518) tolled the WGCA two-year notice period | Stroth: tolling under § 9-2-1518 applied because an MRP claim was filed against the Hospital before the two-year WGCA deadline, so WGCA notice was tolled | Defendants: § 9-2-1518 tolls the statute of limitations for filing a complaint in court against a health care provider, not the WGCA notice-of-claim requirement | Court: Rejected tolling; § 9-2-1518 does not toll the WGCA notice-of-claim period; legislature omitted tolling language from WGCA intentionally |
| Whether the continuous-treatment doctrine extended the WGCA notice period | Stroth: continuous-treatment doctrine delays accrual so notice deadline was extended | Defendants: No facts show an ongoing physician-patient treatment relationship by ambulance or hospital personnel after transport/ER care | Court: Rejected; complaint lacked factual allegations of continuous treatment, so doctrine did not extend the notice period |
| Whether decedent’s incapacity tolled or affected the WGCA notice requirement | Stroth: argued incapacity extended filing period | Defendants: Not applicable; action is by personal representative and no incapacity allegation made | Court: Rejected; decedent’s capacity irrelevant for representative’s filing and no factual basis alleged |
| Whether dismissal under Rule 12(b)(6) was appropriate | Stroth: claimed factual and statutory grounds to avoid dismissal | Defendants: Showed complaint on its face established untimely WGCA notice, barring suit | Court: Affirmed dismissal; on complaint face, plaintiff could not allege facts to defeat statutory bar |
Key Cases Cited
- Sinclair v. City of Gillette, 270 P.3d 644 (Wyo. 2012) (Rule 12(b)(6) standard and WGCA interpretation principles)
- Krenning v. Heart Mountain Irrigation Dist., 200 P.3d 774 (Wyo. 2009) (statutory interpretation and waiver of governmental immunity)
- Rawlinson v. Cheyenne Bd. of Pub. Utils., 17 P.3d 13 (Wyo. 2001) (failure to file WGCA notice within two years is absolute bar)
- Nobles v. Mem’l Hosp. of Laramie County, 301 P.3d 517 (Wyo. 2013) (continuous-treatment doctrine for accrual in medical malpractice)
- Walters v. State ex rel. Wyo. DOT, 300 P.3d 879 (Wyo. 2013) (omittted statutory language is evidence of legislative intent)
- Excel Constr., Inc. v. HKM Eng’g, Inc., 228 P.3d 40 (Wyo. 2010) (pleading requirements and liberal construction limits)