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CHRISTIANSEN v. PROVIDENCE HEALTH SYSTEM OF OREGON CORPORATION

0301-00634; A122603.

150 P.3d 50 (2006)

210 Or. App. 290

Kelly CHRISTIANSEN, Conservator for James Carrier, a Minor, Appellant, v. PROVIDENCE HEALTH SYSTEM OF OREGON CORPORATION, dba St. Vincent Hospital & Medical Center, an Oregon business; and Randi R. Ledbetter, M.D., Respondents.

Court of Appeals of Oregon.

Decided December 27, 2006.

Attorney(s) appearing for the Case

Kathryn H. Clarke argued the cause for appellant. With her on the brief was John E. Uffelman.

Michael T. Stone, Hillsboro, argued the cause and filed the joint brief for respondent Providence Health System of Oregon Corp., dba St. Vincent Hospital & Medical. Lindsey H. Hughes, Portland, argued the cause and filed the joint brief for respondent Randi R. Ledbetter.

Before EDMONDS, Presiding Judge, and LINDER, Judge, and BARRON, Judge pro tempore.

BARRON, J. pro tempore.

Plaintiff Kelly Christiansen, the mother and conservator of the estate of her minor child, James Carrier, appeals from a judgment dismissing her medical negligence action on the ground that it was barred by the ultimate repose provision of ORS 12.110(4). Plaintiff argues that the application of that provision to her claims violates the remedy clause, Article I, section 10, of the Oregon Constitution. For the reasons set forth below, we affirm...

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