Negligence: Medical Malpractice-Statute of Limitations

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Plaintiffs appealed the summary judgment dismissal of their medical malpractice complaint as untimely under the statute of limitations. Appellants argued that their case fell under an exception to the statute of limitations due to defendants’ negligent failure to inform plaintiffs of a 2010 sperm motility test result, which plaintiffs did not discover until 2018. Plaintiffs argued that had they known the result, they would have known that their child conceived by IVF was not plaintiff C.H.’s biological child.

Where the records showed that plaintiffs had multiple opportunities to discover that defendants used a sperm sample during IVF that did not belong to C.H., defendants’ failure to inform plaintiffs of the motility test results did not prima facie cause plaintiffs’ injury.

Judgment is affirmed.

C.H. v. Infertility Center of Saint Louis (MLW No. 80539/Case No. ED111405 – 10 pages) (Missouri Court of Appeals, Eastern District, Gaertner, J.) Appealed from circuit court, St. Louis County, Vincent, J. (John G. Simon, Kevin M. Carnie, Jr., Patrick R. McPhail, for appellant) (Kenneth W. Bean, Jillian K. Van Hoy, Andrew P. Remeselnik, Timothy J. Gearin, Scott K.G. Kozak, for respondents)