Watch Oral Arguments Live
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.
The estate of Larry Joe McVay, and Thomas McVay, individually and as executor of the estate, sued several doctors and healthcare entities, alleging medical malpractice for care provided to Larry McVay on November 23 and 24, 2018. The suit was filed on February 5, 2021—beyond the two-year statute of limitations, but within the Iowa Supreme Court’s COVID-19 pandemic supervisory order tolling period. The defendants moved for summary judgment, arguing that petition was untimely filed because the tolling provision was ineffectual since it violated the separation of powers. The district court denied the motion, holding that it was within the Iowa Supreme Court’s authority to toll the statute of limitations. The defendants were granted an interlocutory appeal and argue that the supreme court lacked the authority to toll the statute of limitations.
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
