Kayden K., by and through Alicia Kelly v. Jessica Ruffin, M.D., et al.

A minor Plaintiff, acting through his grandmother, sued several healthcare providers for injuries stemming from his birth. The Plaintiff later voluntarily dismissed his lawsuit. The Plaintiff provided statutorily compliant pre-suit notice to each defendant within a year of dismissal but did not refile the suit for over a year after dismissal. The Plaintiff asserted this was permissible in accordance with the 120-day extension available under Tennessee’s Healthcare Liability Act. The trial court rejected this contention and dismissed the suit. On appeal, much of the parties’ respective briefing tracked the arguments before the Tennessee Supreme Court in the case of Richards v. Vanderbilt University Medical Center, __ S.W.3d __, No. M2022-00597-SC-R11-CV, 2025 WL 259059 (Tenn. Jan. 22, 2025). While the suit was pending on appeal, the Tennessee Supreme Court decided that the 120- day extension does not apply to the one-year deadline for refiling suit after a voluntary dismissal. This case is controlled by the Richards decision. Accordingly, we affirm.