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ESTATE OF ANDERSON EX REL. HERREN v. IOWA DERMATOLOGY

No. 11-0657.

819 N.W.2d 408 (2012)

The ESTATE OF Erika L. Herren ANDERSON, by and through its Duly Appointed Administrator, Todd HERREN; and Todd Herren, Individually and as Next Best Friend and Natural Father of Ryan Herren, a Minor, and Brynn Herren, a Minor, Appellants, v. IOWA DERMATOLOGY CLINIC, PLC, a Corporation; Charles W. Love, an Individual; and Pathology Laboratory, P.C., a Corporation n/k/a Iowa Pathology Associates, P.C., a Corporation, Appellees.

Supreme Court of Iowa.

July 13, 2012.

Attorney(s) appearing for the Case

Marc A. Humphrey of Humphrey Law Firm, P.C., Des Moines, and Alan O. Olson of Olson Law Office, P.C., Des Moines, for appellants.

Michael W. Ellwanger and Robert N. Stewart of Rawlings, Nieland, Killinger, Ellwanger, Jacobs, Mohrhauser & Nelson, L.L.P., Sioux City, for appellee Iowa Pathology Associates.

Steven K. Scharnberg and Eric G. Hoch of Finley, Alt, Smith, Scharnberg, Craig, Hilmes & Gaffney, P.C., Des Moines, for appellees Iowa Dermatology Clinic and Charles W. Love, M.D.

HECHT, Justice.

In this case, we are asked to review a summary judgment ruling dismissing a wrongful death action because it was commenced later than is allowed under Iowa Code section 614.1(9) (2011), a statute of repose limiting the time allowed for commencing medical negligence cases. The plaintiffs contend their case should not have been dismissed because the defendants fraudulently concealed the fact that a tissue specimen harvested from the plaintiffs' decedent...

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