Mercy Clinic East Communities d/b/a Mercy Clinic Ob/Gyn, and Christina Kay Meddows-Jackson, MD Missouri Cases

Sharon and Brian Newton sued Mercy Clinic and Dr. Meddows-Jackson for medical malpractice, alleging negligent post-operative care led to Ms. Newton's infertility. The circuit court granted summary judgment for the defendants, finding the action time-barred by the two-year statute of limitations. On appeal, the Newtons argued the continuing care tolling doctrine applied until 2015, but the Supreme Court of Missouri affirmed, holding that the doctrine tolls the statute only until the necessity for care ends, which occurred by June 2013, making the 2016 suit untimely.

Sharon and Brian Newton sued Mercy Clinic and Dr. Christina Kay Meddows-Jackson for medical negligence, alleging negligent post-operative care led to Ms. Newton's infertility. The trial court granted summary judgment for the defendants, finding the action barred by the two-year statute of limitations, concluding the "continuing care" exception did not apply. The Eastern District reversed and remanded, holding that genuine issues of material fact existed regarding whether Ms. Newton's 2015 visits for infertility were part of a continuing course of treatment related to her 2012 infection, which would toll the statute of limitations.