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Joslyn v. Chang11/21/2005
Suffolk.
October 6, 2005
Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, & Cordy, JJ.
Repose, Statute of. Wrongful Death. Medical Malpractice. Minor, Wrongful death. Negligence, Medical malpractice, Wrongful death, Statute of repose. Practice, Civil, Wrongful death, Claim barred by statute of repose.
Civil action commenced in the Superior Court Department on February 20, 2002.
The case was heard by Thomas E. Connolly, J., on a motion for summary judgment.
The Supreme Judicial Court granted an application for direct appellate review.
On October 19, 1992, the heart and coronary artery of the plaintiffs' infant daughter were unexpectedly punctured during surgery by the defendant doctors Anthony C. Chang and David P. Nelson at the defendant hospital (Children's Hospital). The child suffered a significant loss of blood and died shortly thereafter. Approximately ten years later in 2002, an action for malpractice was commenced pursuant to the wrongful death statute, G. L. c. 229. A judge in the Superior Court granted summary judgment in favor of the defendants on the ground that the suit was untimely filed under the applicable statute of repose. We granted the plaintiffs' application for direct appellate review.
In opposition to the defendants' motion, the plaintiffs presented evidence that their delay was induced by misleading assertions and omissions of the defendants. The plaintiffs argue that they should be relieved of application of the statute of repose in G. L. c. 260, ยง 4, because the defendants fraudulently concealed their cause of action. It is unnecessary to determine whether misrepresentations of any kind took place or whether they amounted to fraudulent concealment, because we conclude that the relief the plaintiffs seek is contrary to the purpose and absolute language of the statute of repose, and thus affirm the grant of summary judgment.
Background
On a motion for summary judgment, we view the evidence in the light most favorable to the nonmoving party. Augat, Inc. v. Liberty Mut. Ins. Co., 410 Mass. 117, 120 (1991). Sentree Joslyn was born on July 3, 1991. At seven months of age, she was diagnosed with a rare, inherited metabolic disorder. The child soon began to suffer from problems with intake of nourishment, muscle weakness, and a general failure to thrive.
In October, 1992, Sentree was admitted to Children's Hospital. Tests showed that her heart had become enlarged and that fluid had built up around it. Doctors believed the fluid was impairing the heart's ability to pump blood, and advised the plaintiffs that surgery could remove the fluid. The plaintiffs understood that Chang would perform the operation, although they did not sign a consent form. In fact, Nelson, a resident and fellow, initiated the procedure while Chang supervised. During the surgery, Sentree's heart and coronary artery were punctured. On discovery of the injury , Chang intervened but Sentree died approximately one hour and ten minutes after the procedure began. The injury was a significant contributing factor in the child's death.
Chang told the plaintiffs that their daughter had died because her heart was "too weak to withstand the procedure." He did not mention the puncture and significant blood loss. At the time, no one from Children's Hospital told the plaintiffs that an event had occurred that caused a puncture or laceration of Sentree's heart, or that such an event resulted in an excessive loss of blood.
Sentree's death certificate, which the plaintiffs reviewed, was signed by Nelson and noted the manner of death as "natural."
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