524 F. App'x 411
10th Cir.2013Background
- Radloff-Francis treated for infected finger; PICC line placed by Dr. Ghanem, leading to deep vein thrombosis.
- On July 2, 2010, she filed a notice of claim with the Wyoming Medical Review Panel; proceedings were waived and the matter dismissed.
- In January 2011, Radloff-Francis filed a diversity-based negligence action in federal court against Ghanem and Wyoming Medical Center (WMC).
- Ghanem moved to dismiss under Rule 12(b)(6) arguing the two-year statute of limitations barred the claim; district court granted the motion; Radloff-Francis sought relief from judgment without success.
- WMC similarly moved to dismiss on statute of limitations grounds and the district court entered final judgment.
- Wyoming law § 1-3-107 governs professional medical negligence claims, with a two-year statute of limitations starting at the act/omission in rendering medical services; discovery provisions may toll the period.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the action against Ghanem is time-barred. | Radloff-Francis argues discovery or tolling should extend time. | Ghanem contends the claim accrued and was not timely filed. | Accrual on June 11, 2008; discovery within two years; statute bar proper. |
| What is the accrual date under § 1-3-107 for medical negligence? | Accrual should be based on discovery. | Accrual begins with termination of treatment. | Accrual date is June 11, 2008 (termination of treatment). |
| Was discovery date clearly evidenced in the complaint? | Radloff-Francis contends discovery date is not clear. | Dates in complaint show discovery of negligence on June 29, 2008. | Discovery on June 29, 2008; timely within two years. |
| Should WMC's dismissal be sustained on statute grounds? | Same statute-of-limitations defense applies. | WMC's claim accrued before June 29, 2008; discovery shown. | Affirmed on statute grounds; district court correct. |
Key Cases Cited
- Aldrich v. McCulloch Props., Inc., 627 F.2d 1036 (10th Cir. 1980) (Rule 12(b) dismissal when dates show the right sued upon extinguished)
- Jost v. Goss, 236 P.3d 994 (Wyo. 2010) (accrual starts with act/omission; discovery within two years governs)
- Echols v. Keeler, 735 P.2d 730 (Wyo. 1987) (termination of treatment governs accrual against practitioner)
- Ahrens v. Ford Motor Co., 340 F.3d 1142 (10th Cir. 2003) (procedural vs substantive in diversity cases; de novo review of limitations)
- Plaza Speedway Inc. v. United States, 311 F.3d 1262 (10th Cir. 2002) (de novo review of statute-of-limitations issues)
- Khalik v. United Air Lines, 671 F.3d 1188 (10th Cir. 2012) (framework for Rule 12(b)(6) with statute defenses)
- Russell v. United States, 551 F.3d 1174 (10th Cir. 2008) (adopts plausible-on-its-face standard for Rule 12(b)(6))