MARIAN L. PADGETT, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF KELLY JEAN ELLISON, A MINOR, DECEASED, APPELLANT,
v.
SHANDS TEACHING HOSPITAL AND CLINICS, INC., APPELLEE
PER CURIAM.
Appellant is appealing the trial court’s order dismissing this case due to noncompliance with the statute of repose. Appellant’s action is based upon the hospital’s provision of a blood transfusion which resulted in the deceased contracting acquired immune deficiency syndrome which was traced to the presence of HIV virus in that transfusion. Appellant argues that the statutory period did not run until such time as she should have known of the injury or, in the alternative, that the statute resulted in an unconstitutional denial of access to courts.
. Both of these arguments were rejected in Kush v. Lloyd, 616 So. 2d 415 (Fla.1992). We therefore affirm the dismissal by the trial court.
SMITH, WIGGINTON and WOLF, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Damiano v. Grover McDANIEL, M.D., 689 So. 2d 1059 (Fla. 1997)…unning of the four-year statute of repose regardless of when the victim gains knowledge of the infection. Dampf v. Furst, 624 So. 2d 368 (Fla. 3d DCA 1993), review denied, 634 So. 2d 623 (Fla. 1994); Padgett v. Shands Teaching Hosp. & Clinics, Inc., 616 So. 2d 467 (Fla. 1st DCA 1993); Doe v. Shands Teaching Hosp. & Clinics, Inc., 614 So. 2d 1170 (Fla. 1st DCA 1993); Whigham v. Shands Teaching Hosp. & Clinics, Inc., 613 So. 2d 110 (Fla. 1st DCA 1993). . Our strict adherence in Kush to the outer time limits se…
-
DOE v. Shands Teaching Hosp. & Clinics, Inc., 614 So. 2d 1170 (Fla. 1st DCA 1993)…ly known of an injury before the expiration of the repose period. Kush v. Lloyd, 616 So. 2d 415 (Fla.1992); Whigham v. Shands Teaching Hospital & Clinics, Inc., 613 So. 2d 110 (Fla. 1st DCA 1993); Padgett v. Shands Teaching Hospital & Clinics, Inc., 616 So. 2d 467 (Fla. 1st DCA 1993). In addition to the matters discussed by the supreme court in Kush, supra, we have closely considered the applicability of the case of Diamond v. E.R. Squibb & Sons, Inc., 397 So. 2d 671 (Fla.1981). In Diamond, the supreme court…1 / 2
-
Kish v. A.W. Chesterton Co., 930 So. 2d 704 (Fla. 3d DCA 2006)…es from the products liability of repose and additionally tolled that statute of repose where concealment was involved, it did not add similar provisions to the fraud statute of repose. . See also Padgett v. Shands Teaching Hosp. and Clinics, Inc., 616 So. 2d 467, 467 (Fla. 1 DCA 1993)("Appellant's action is based upon the hospital's provision of a blood transfusion which resulted in the deceased contracting acquired immune deficiency syndrome which was traced to the presence of HIV virus in that transfusion…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Arthur W. Kush, M.D. v. Lloyd, 616 So. 2d 415 (Fla. 1992)