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Schramm v. Lyon

673 S.E.2d 241 (2009)

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Schramm v. Lyon

Supreme Court of Georgia

673 S.E.2d 241 (2009)

Facts

Betty Lyon (plaintiff) had her spleen removed following a car accident. Twenty-two years later, she developed overwhelming post-splenectomy infection (OPSI) that resulted in amputation of parts of her arms and legs. Lyon sued doctors she consulted for other conditions during the five years preceding her infection, claiming they failed to advise her of changes in post-splenectomy protocols and to prescribe medications and vaccinations that would have prevented her infection. Doctors Schramm, Barnes, and Sharon (defendants) moved to dismiss under Georgia’s five-year statute of repose because they began treating Lyon more than five years before she commenced suit. The trial court held that the period of repose started to run when the doctors first provided Lyon medical care and granted dismissal. But the appellate court reversed, finding the complaint alleged separate acts of negligence that caused new injury during the five years preceding suit, prompting a further appeal to the state supreme court.

Rule of Law

Issue

Holding and Reasoning (Thompson, J.)

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