No. 22-5266

Elizabeth Downing, as Administrator of the Estate of Linda Berry v. Paul Grossman, et al.

Lower Court: Iowa
Docketed: 2022-08-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights due-process fraudulent-concealment informed-consent kidney-tumor medical-malpractice medical-negligence patient-rights statute-of-limitations statute-of-repose
Key Terms:
Environmental
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Whether the care received by the plaintiff constitutes fraudulent concealment

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1.) How is it not viable that all the care Linda Berry received from October 1, 2009 until December 31, 2009 not be considered fraudulent concealment? ‘ 2.) Why was the focus of this case set on Iowa's six year statute of repose law, when there is no evidence Linda Berry was informed of her kidney tumor? 3.) Why did Mercy Hospital and Paul Grossman fail to inform Linda Berry of . the major medical negligence that occurred in 2004 and 2006 by failing to inform her or her primary care doctor of her kidney mass in 2009 after reviewing and signing multiple comparative ct scans, months shy of Iowa's six year statute of repose law in 2009? 4.) Shouldn't a doctor who commits homicidal care be held accountable without a time limit?

Docket Entries

2022-10-03
Petition DENIED.
2022-08-25
DISTRIBUTED for Conference of 9/28/2022.
2022-08-12
Waiver of right of respondent Paul Grossman, et al. to respond filed.
2022-07-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 1, 2022)

Attorneys

Elizabeth Downing, et al.
Elizabeth A. Downing — Petitioner
Paul Grossman, et al.
Joseph F. MoserFinely Law Firm, Respondent