JEFFERSON CITY — The Missouri Court of Appeals Western District has upheld a trial court’s decision granting summary judgment in favor of a Jefferson City-based cardiothoracic surgeon and regional hospital, ruling that the plaintiffs' medical negligence claims were barred by Missouri’s two-year statute of limitations.
The appellate panel — consisting of Presiding Judge Cynthia L. Martin, Judge W. Douglas Thomson and Special Judge Joseph M. Ellis — affirmed the Cole County Circuit Court’s judgment, which dismissed all claims against Courtnye Allyson Walker and SSM Regional Health Services related to medical treatment that occurred before July 16, 2019, according to the April 29 appellate court decision.
Frank and Karen Wolfe brought the case following complications arising from Frank Wolfe’s coronary artery bypass graft (CABG) surgery performed by Walker on Feb. 8, 2019.
After the surgery, imaging revealed that four of the six wires used to close Wolfe’s sternum had pulled through the bone — a condition known as sternal dehiscence.
Walker determined that the condition was stable and not infected, and elected against performing a second corrective surgery. Wolfe was formally released from Walker’s care related to the CABG procedure on March 13, 2019.
On July 26, 2019, Wolfe returned to Walker’s office without an appointment, reporting chest pain after using a lawnmower. A nurse relayed the information to Walker and, days later, recommended over the phone that Wolfe take ibuprofen and monitor his symptoms.
Walker ordered a CT scan on Aug. 7, 2019, which showed no significant change in the sternal non-union or evidence of infection. On Aug. 17, Wolfe sought emergency care and was diagnosed with sternal dehiscence, mediastinitis, osteomyelitis and bacteremia.
Wolfe filed his petition for damages on July 16, 2021, asserting claims of medical negligence and loss of consortium against both Walker and SSM. The claims primarily alleged negligent acts between Feb. 13 and March 13, 2019, and also cited additional negligence on July 26 and Aug. 7, 2019.
In response, Walker and SSM moved for partial summary judgment, arguing that any claims stemming from care provided before July 16, 2019 — two years prior to the filing date — were barred by Missouri’s two-year statute of limitations for medical negligence claims.
Wolfe argued that the statute should have been tolled due to “continuing care” from Walker after March 13, 2019, pointing to his July and August visits.
The trial court disagreed, ruling that the physician-patient relationship specific to the CABG surgery ended on March 13, 2019, and thus the statute of limitations began at that point. On May 23, 2024, the court granted partial summary judgment on all claims predating July 16, 2019.
Wolfe subsequently dismissed, without prejudice, all remaining claims stemming from the alleged acts of negligence on July 26 and Aug. 7, 2019. This rendered the partial summary judgment order a final, appealable judgment.
On appeal, Wolfe argued that the trial court erred by relying on what he called an “evidentiary” rather than “material” fact — specifically, the undisputed fact that he had been released from care on March 13, 2019.
The appellate court rejected this argument, finding that the termination of care on that date was indeed a “material” fact from which the legal conclusion regarding the statute of limitations flowed.
“Judgment flowed from this fact as a matter of law as the fact supported the trial judge’s conclusion that the statute of limitations began to run on March 13, 2019,” Martin wrote in the decision.
The court held that only disputes over “material” facts preclude summary judgment, and the date of termination of care was not in genuine dispute.
Patrick Martucci of Joplin represented the appellant.
Timothy Gearin of Clayton and Paul Brusati and Scott Jansen of St. Louis represented the respondents.
Missouri Court of Appeals, Western District case number: WD87357