HARLFINGER v. MARTIN


435 Mass. 38 (2001)

MATTHEW HARLFINGER & others v. HOWARD MARTIN.

Supreme Judicial Court of Massachusetts, Suffolk.

September 5, 2001.


Attorney(s) appearing for the Case

Keith S. Halpern for the plaintiffs.

Joseph L. Doherty, Jr., for the defendant.

The following submitted briefs for amici curiae:

Vanessa Susan O'Rourke von Struensee for Children's Watch.

Thomas R. Kiley, Carl Valvo, & Gregory S. Gilman for Professional Liability Foundation.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.


SOSMAN, J.

At issue in the present appeal is the constitutionality of G. L. c. 231, § 60D, which requires that medical malpractice claims on behalf of minors be brought within seven years of the date of the act or omission that allegedly caused the injury. The plaintiffs contend that this statute of repose violates the due process and equal protection guarantees of the Federal and State Constitutions. In the alternative...

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