Estate of Paul David Rowe v. Wellmont Health Systems

Syllabus

Paul David Rowe was not informed of a radiology report, which revealed two masses in his kidneys indicative of renal cancer, for five years. Mr. Rowe passed away after suit was filed, but his wife, Sharon K. Rowe, both individually and as the administrator ad litem of his estate, (\Plaintiffs\) maintained a health care liability action against the allegedly negligent parties, Wellmont Health System d/b/a Wellmont Bristol Regional Medical Center (\Wellmont\), Carl W. Harris, Jr., D.O. (\Dr. Harris\), and Northeast Tennessee Emergency Physicians (\NETEP\) (collectively, \Defendants\) in the Circuit Court for Sullivan County (\the Trial Court\). Defendants filed two separate motions for summary judgment, arguing that the three-year statute of repose barred Plaintiffs' action. Plaintiffs raised the defense of fraudulent concealment. The Trial Court granted the motions for summary judgment finding that Defendants had no actual knowledge until 2015 that Mr. Rowe had or might have had cancer in 2010, and therefore, had nothing to fraudulently conceal. Plaintiffs appealed. We affirm.