Antoon v. Cleveland Clinic FoundationAnnotate this Case
In 2010, Plaintiffs filed a complaint in state court alleging medical malpractice and derivative claims against Defendants for medical care Plaintiffs received in 2008. Plaintiffs dismissed their claims without prejudice and, in 2012, filed a qui tam action in federal district court. In 2013, Plaintiffs moved for leave to file an amended complaint adding state law medical-malpractice claims. The federal district court denied leave and granted Defendants’ motion to dismiss. In 2013, Plaintiffs filed a complaint in state court alleging state malpractice claims. The trial court granted Defendants’ motion to dismiss the case, concluding that Plaintiffs failed to state a claim because both the statute of limitations and the statute of repose applicable to Plaintiffs’ claims had expired. The trial court further determined that 28 U.S.C. 1367(d), the federal tolling statute, applies only to protect claims while pending in federal court, and because Plaintiffs’ motion to amend the complaint to add the malpractice claims was denied, the state claims were never pending and were not protected. The court of appeals reversed, concluding that once a claim has vested, the statute of repose can no longer operate to bar litigation. The Supreme Court reversed, holding that the trial court appropriately dismissed the case because neither the saving statute nor the tolling statute applied in this case.