No Decision on Calloway
There is no decision yet in the Calloway case. Until there is, it may be wise to assume that the three-year statute of repose in medical negligence cases trumps the rights of minors.
I will let you know as soon as I hear something on this important case.
If the Supreme Court holds that the statute of repose is not tolled as to minority, what is your opinion on any "retroactive" application of such decision given the dicta in Penley discussing the Bowers decision where the court basically affirms that the medical malpractice statute of repose is tolled during the minority of a plaintiff.
I think the case name is "Calaway" and not "Calloway."
If the TSC decides that the statute of repose trumps the protection for minors, I asked the Court to make the ruling prospective only; i.e. that it only apply to injuries occurring after the date of the opinion. Given Bowers and other cases, I would like to believe that this is the worst-case senario for the plaintiff.