Karen Crespo, et al. v. Carol McCullough, et al.

Karen Crespo and Freddie Crespo filed this medical malpractice action in August 2007, alleging negligence preceding the birth of their daughter, Laura Crespo, in December 2001. The defendants – OB/GYN physician Carol McCullough, OB/GYN nurse Jerilyn H. Boles, Tennessee Women’s Care, P.C., and Women’s Health Alliance, P.C. – moved for dismissal, claiming the suit is barred by this state’s three-year statute of repose for medical malpractice claims, Tenn. Code Ann. § 29-26-116(a) (2000), as interpreted by the Tennessee Supreme Court in Calaway v. Schucker, 193 S.W.3d 509 (Tenn. 2005). The plaintiffs allege that the statute is unconstitutional as applied to their case. The State of Tennessee intervened to defend the statute’s constitutionality. The trial court dismissed the case, but stated in its order that “Plaintiffs’ constitutional arguments are important [and] worthy of review” and “would be best addressed by the appellate courts.” The plaintiffs appeal. We hold that Calaway’s interpretation of § 29-26-116(a) – extending the statute of repose to minors – effectively overturned a body of law that the plaintiffs had reasonably relied upon, and that the sudden reversal of those precedents, without any opportunity for the plaintiffs to pursue their vested claims, worked a violation of these plaintiffs’ due process and equal protection rights. Accordingly, we reverse and remand for further proceedings.