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Calaway ex rel Calaway v. Schucker12/9/2005
.W.3d at 185 (quoting Lavin v. Jordan, 16 S.W.3d 362, 365 (Tenn. 2000)). Our holding here comports with our approach to interpreting the medical malpractice statute of repose in Mills and the products liability statute of repose in Penley.
CONCLUSION
On the basis of the foregoing analysis, we answer the four certified questions presented to us as follows:
Question 1: Does a minor child have a personal claim for medical expenses arising from an injury caused by the fault of another when the claim of the child's parent for such medical expenses is barred by a statute of limitation or repose?
Answer: No.
Question 2: Does a minor child who is injured have a personal claim for medical expenses accruing after the age of majority?
Answer: If the minor child's personal claim is barred by the operation of Tennessee Statute Annotated section 29-26-116, then the claim continues to be barred once the minor reaches majority.
Question 3: Is the three-year statute of repose for medical malpractice in Tennessee Code Annotated § 29-26-116, which contains no exception for minority, tolled during a Plaintiff's minority?
Answer: No.
Question 4: Is a physician Defendant denied equal protection of the law wherein an exception to the statute of repose contained in Tennessee Code Annotated § 29-26-116 is created for minority in medical malpractice cases, while no similar exception exists in product liability and construction cases?
Answer: Because our answer to question three makes this question moot, we decline to answer it.
The costs of this case are to be taxed against Kaitlyn Calaway, ex rel. Kathleen Calaway.
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