BENNETT v. UNITED STATES

No. 101300-1.

539 P.3d 361 (2023)

Certification from the United States District Court for the Western District of Washington in Bette BENNETT, Plaintiff, v. UNITED STATES of America, Defendant.

Supreme Court of Washington, En Banc.

Filed December 7, 2023.


Attorney(s) appearing for the Case

Darrin E. Bailey , Bailey Onsager, P.C., 1109 1st Ave. Ste. 501, Seattle, WA, 98101-2988, for Plaintiff.

Teal Luthy Miller , Attorney at Law, 700 Stewart St. Ste. 5220, Seattle, WA, 98101-4438, Kristen R. Vogel , US Attorney for Western District of WA, 700 Stewart Street, Suite 5220, Seattle, WA, 98101, for Defendant.

Sara Avet Cassidey , Washington Attorney General's Office, 7141 Cleanwater Dr. Sw., P.O. Box 40126, Olympia, WA, 98504-0126, for Amicus Curiae on behalf of State of Washington.

Gregory Mann Miller , Carney Badley Spellman PS, 701 5th Ave. Ste. 3600, Seattle, WA, 98104-7010, Christine Stanley , 2001 E. Madison Street, Seattle, WA, 98122, for Amicus Curiae on behalf of Planned Parenthood.

Isaac Chandler Prevost , Carney Badley Spellman, P.S., 701 5th Ave. Ste. 3600, Seattle, WA, 98104-7010, for Amicus Curiae on behalf of Cedar River Clinics.

Valerie Davis McOmie , Attorney at Law, 4549 Nw. Aspen St., Camas, WA, 98607-8302, Daniel Edward Huntington , Richter-Wimberley PS, 422 W. Riverside Ave. Ste. 1300, Spokane, WA, 99201-0305, for Amicus Curiae on behalf of Wa State Assoc. for Justice Foundation.

Gregory Mann Miller , Isaac Chandler Prevost , Carney Badley Spellman, P.S., 701 5th Ave. Ste. 3600, Seattle, WA, 98104-7010, for Amici Curiae on behalf of Wa State Medical Association, Wa State Hospital Association, American Medical Association.


¶1 This case concerns the constitutionality of Washington's eight-year statute of repose for medical malpractice actions. The statute of repose provides "that in no event shall an action be commenced more than eight years after" the "alleged professional negligence," subject to certain exceptions not applicable here. RCW 4.16.350(3)...

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