819 N.W.2d 408
Iowa2012Background
- Erika Herren Anderson was treated by Dr. Love for skin lesions beginning September 1996, with multiple biopsies and pathologist evaluations during 1996–1999 showing melanoma evidence only after later review.
- A February 28, 1998 slide was reviewed by Dr. Love himself, not a board-certified pathologist, and the slide was later destroyed.
- Erika later developed melanoma diagnosed in August 2008; subsequent pathology reviews of earlier samples showed melanoma in several slides.
- Plaintiffs filed a medical malpractice wrongful death suit on August 11, 2010 seeking relief for conduct occurring over six years before filing.
- Defendants moved for summary judgment arguing the statute of repose (Iowa Code § 614.1(9)) barred claims arising from acts more than six years prior; plaintiffs argued fraudulent concealment or continuum-of-negligent-treatment tolled the repose.
- District court granted summary judgment, rejecting both fraudulent concealment and continuum theories; court warned about harsh effect of repose.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether fraudulent concealment tolls the statute of repose. | Herren contends concealment prevented timely action. | Love/clinic did not conceal material facts; no evidence of non-disclosure. | Fraudulent concealment not proven; no concealment established. |
| Whether informed-consent disclosure analysis applies to concealment. | Failure to disclose slide-evaluation differences is material concealment. | Informational disclosure not shown to be material risk; no expert proof. | Informed-consent standard not satisfied; no concealment. |
| Whether continuum-of-negligent-treatment tolls the repose. | Continuous treatment created one continuing wrong extending into repose. | No proven negligent treatment after 1999 within repose; no continuing wrong. | No continuing negligent-treatment shown to toll repose. |
| Whether there was a continuous and unbroken course of negligent treatment before 1999. | Evidence shows ongoing care and evaluation before 1999. | Standard of care after 1999 not shown to be breached; disputed pre-1999 conduct. | Fact question on continuous treatment pre-1999; but no breach proven after 1999. |
| Whether the district court correctly granted summary judgment on the continuum issue. | District court erred in concluding no genuine issue of material fact. | Record lacks expert basis to prove post-1999 negligence. | Court upheld summary judgment on continuum issue. |
Key Cases Cited
- Boomer v. French, 40 Iowa 601 (1875) (fraudulent concealment origins; estoppel against limitations defense)
- Koppes v. Pearson, 384 N.W.2d 381 (Iowa 1986) (fraudulent concealment despite repose; fiduciary exception)
- Christy v. Miulli, 692 N.W.2d 694 (Iowa 2005) (elements of fraudulent concealment; clear and convincing standard)
- Langner v. Simpson, 533 N.W.2d 511 (Iowa 1995) (continuum-of-negligent-treatment doctrine; unbroken course of care)
- Albrecht v. Gen. Motors Corp., 648 N.W.2d 87 (Iowa 2002) (statute of repose begins at act; harsh consequences acknowledged)
