Lou Eella Sherill v. Bob T. Souder, M.D.

Citation: Not availableDocket: W2008-00741-COA-R3-CV

Court: Court of Appeals of Tennessee; February 26, 2009; Tennessee; State Appellate Court

Original Court Document: View Document

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The Court of Appeals of Tennessee affirmed the Circuit Court's summary judgment in a medical malpractice case involving Lou Ella Sherrill and Barbara A. Pigg against Dr. Bob T. Souder and TransSouth Healthcare Center, P.C. The trial court determined that the statute of limitations for the malpractice claim had expired under the discovery rule before the complaint was filed. 

The case arose from events in March 2002 when Lou Ella Sherrill, while visiting her daughter in Tennessee, experienced nausea and vomiting. After being prescribed medications including Reglan and Phenegran by Nurse Practitioner Michael Briley and subsequently referred to Dr. Souder, she was diagnosed with several gastrointestinal disorders. Following her return to Missouri, she developed a movement disorder allegedly linked to prolonged Reglan use, later diagnosed as tardive dyskinesia by neurologist Dr. Clara Applegate in December 2002. By March 2004, Ms. Sherrill's symptoms had resolved, and she was symptom-free by December 2005. Ms. Sherrill passed away from unrelated causes in September 2007. The court's ruling was based on the determination that the legal claim was not timely filed according to the applicable statute of limitations.

On January 8, 2004, Ms. Sherrill and Ms. Pigg filed a lawsuit against Dr. Souder and TransSouth Healthcare Center, alleging that Dr. Souder breached the standard of care by prescribing Reglan for long-term use, resulting in Ms. Sherrill developing tardive dyskinesia. An amended complaint was submitted on April 8, 2004. On February 11, 2008, the defendants filed for summary judgment, claiming the suit was time-barred because Ms. Sherrill was diagnosed with tardive dyskinesia on December 18, 2002. The plaintiffs opposed the motion, arguing there were material facts in dispute regarding when they were informed of the diagnosis and when they realized Dr. Souder's conduct was negligent. The court heard the motion on March 7, 2008, and granted summary judgment on April 2, 2008, concluding that the statute of limitations began on December 18, 2002, and the complaint was filed after the one-year limit without any tolling circumstances. Ms. Pigg appealed, challenging the court's ruling on the expiration of the statute of limitations. The appellate review emphasizes that summary judgment is appropriate only when no genuine material facts exist and that the nonmoving party must demonstrate specific facts to contest the motion. The applicable statutes indicate a one-year statute of limitations for medical malpractice claims, with specific provisions for discovery and the timeframe for filing actions.

The 'discovery rule' dictates that the statute of limitations for a medical malpractice claim begins when a patient either discovers or reasonably should have discovered: (1) the event and manner by which a breach of duty caused their injuries, and (2) the identity of the defendant responsible for that breach. The Tennessee Supreme Court clarifies that a plaintiff cannot postpone filing a lawsuit until all effects of the wrongdoing are known, nor is the statute tolled until the plaintiff understands the specific legal claim or recognizes the breach of legal standard. Instead, the statute starts when the plaintiff is aware or should be aware, through reasonable diligence, that an injury has occurred due to wrongful conduct. Knowledge sufficient to put a reasonable person on notice of an injury also includes awareness of its tortious origin.

In a related case, Appellees assert that Appellant's cause of action began on December 18, 2002, when Dr. Applegate informed Ms. Sherrill and her daughter, Ms. Pigg, that Ms. Sherrill’s movement disorder was due to tardive dyskinesia caused by the drug Reglan and advised her to discontinue its use. However, Ms. Pigg claims she was not present for this appointment and did not learn of any professional standard violation until conducting her own research in 2003. This contradicts her deposition testimony, in which she states that she learned from Brian Lenahan during a January 2003 visit that Reglan was a possible cause of her mother’s condition. Dr. Applegate's deposition indicates that Ms. Pigg did attend the December appointment and that Ms. Sherrill was able to communicate effectively during that visit.

Ms. Sherrill was diagnosed with tardive dyskinesia during her appointment on December 18, 2002, primarily attributed to her use of Reglan. Dr. Applegate recommended discontinuing Reglan and scheduled a follow-up appointment in two to three weeks. During the consultation, Dr. Applegate discussed the potential movement disorder with Ms. Sherrill and her daughter, explaining that the disorder could be triggered by the medication and that its symptoms resembled Parkinson’s Disease. The testimony indicates that Ms. Sherrill executed a durable power of attorney on January 6, 2003, after being diagnosed with tardive dyskinesia, contradicting claims that neither she nor her daughter were aware of the diagnosis until January 16, 2003. This execution suggests that Ms. Sherrill was informed of her condition by January 6, 2003, which, if considered as the start of the one-year statute of limitations, would mean her complaint filed on January 8, 2004, was untimely. Consequently, the trial court's ruling barring Ms. Pigg's case based on the statute of limitations was affirmed, with costs assessed against her and her surety.