MATTSON v. IDHW

Docket No. 49187.

529 P.3d 731 (2023)

Terri Richardson MATTSON and Randy Mattson, Husband and Wife, Plaintiffs-Appellants, v. IDAHO DEPARTMENT OF HEALTH AND WELFARE and Laurie Gallegos, PA-C; Defendants-Respondents, and Does 1 through 20, inclusive, Defendants.

Supreme Court of Idaho, Boise, January 2023 Term.

Opinion filed: May 4, 2023.


Attorney(s) appearing for the Case

Layman Law Firm, PLLP, Spokane, Washington and Vickery & Shepherd, LLP, Houston, Texas, for Appellants. John Layman (local counsel) appeared, and Andy Vickery (pro hac vice) argued.

Lake City Law Group, PLLC, Coeur d'Alene, for Respondents. Peter Erbland argued.


This appeal involves a medical malpractice action and whether a provision of the Idaho Tort Claims Act ("ITCA") immunizes the state and its employees from liability. In 2018, Terri Richardson Mattson ("Mattson") and her husband filed this action against the Idaho Department of Health and Welfare, and its employee, Laurie Gallegos...

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