Estate of Larry Joe McVay, By Thomas Mcvay, Executor, and Thomas Mcvay, Individually
v.
Grinnell Regional Medical Center, Grinnell Regional Medical Center d/b/a UnityPoint Health-Grinnell Regional Medical Center et al.
On February 5, 2021, the estate of Larry Joe McVay, and Thomas McVay, individually and as executor of the estate (collectively, “McVay”), filed a petition against Stephen Ellestad, D.O., and several healthcare entities (collectively, “UnityPoint”), alleging medical malpractice for care provided to Larry McVay on November 23 and 24, 2018. The district court denied UnityPoint’s motion for summary judgment, holding the tolling provision of the supreme court’s May 22, 2020 supervisory order extending statutes of limitation for 76 days did not violate separation-of-powers principles under the Iowa Constitution. The supreme court granted UnityPoint’s application for interlocutory appeal. UnityPoint argues the supreme court lacked the power and authority to alter a statute of limitations established by the legislature, even during the COVID-19 pandemic, and McVay’s petition was untimely and should have been dismissed.
Appellee
Estate of Larry Joe McVay, By Thomas Mcvay, Executor, and Thomas Mcvay, Individually
Appellant
Grinnell Regional Medical Center, Grinnell Regional Medical Center d/b/a UnityPoint Health-Grinnell Regional Medical Center et al.
Attorney for the Appellee
Matthew B. Moore
Attorneys for the Appellant
John D. Hilmes
Erik P. Bergeland
Jeffrey R. Kappelman
Jacob T. Wassenaar
Supreme Court
Oral Argument Schedule
Non-Oral
Sep 12, 2024 9:00 AM
