Aubrey E. Givens, Administrator of the Estate of Jessica E. Givens, Deceased, et al v. The Vanderbilt University D/B/A Vanderbilt University Hospital, et al

This is a medical malpractice action arising from the death of Decedent.  Defendants moved to dismiss the action for failure to comply with the notice requirements set out in Tennessee Code Annotated section 29-26-121(a)(1).  The trial court agreed and dismissed the action without prejudice.  Plaintiffs appealed the dismissal to this court, and we vacated the dismissal order and remanded for further proceedings, holding that section 29-26-121 did not mandate dismissal for noncompliance with its terms.  Givens v. Vanderbilt Univ., No. M2013-00266-COA-R3-CV, 2013 WL 5773431, at *6 (Tenn. Ct. App. Oct. 24, 2013).  Defendants filed an application for permission to appeal our decision.  The Tennessee Supreme Court granted the application for purposes of remanding the case for reconsideration in light of its decision in Stevens v. Hickman Community Health Care, Inc., – S.W.3d –, 2013 WL 6158000 (Tenn. Nov. 25, 2013).  Upon our reconsideration, we affirm the decision of the trial court.