Megan Barli, et al. v. Jeffrey Wulfman, M.D., et al.

Summary

The Vermont Superior Court denied motions to dismiss and for judgment on the pleadings in a medical malpractice action concerning alleged kidney damage from Lyme disease treatment, holding that the minor-plaintiff tolling provision in 12 V.S.A. § 551 applied to the medical malpractice repose period in 12 V.S.A. § 521. The court granted in part and denied in part the plaintiffs’ motion for a protective order regarding expert depositions and scheduling deadlines. The court denied the plaintiffs’ motion for a trial scheduling order and reserved related trial matters for a future status conference.

Holdings

1. Under 12 V.S.A. §§ 521 and 551, the limitations and repose periods applicable to a medical-malpractice claim brought by a minor begin after the minor's disability is removed, so Megan Barli's claim was not barred when plaintiffs filed suit in 2023.
2. Porter Hospital's motion for judgment on the pleadings was denied because the statute-of-repose analysis did not bar the plaintiffs' claims.
3. The protective-order motion was granted in part and denied in part: the court recognized defendants' failure to comply adequately with the discovery schedule but declined to impose sanctions or find bad faith based solely on the evidence presented.
4. The motion for a trial date and related orders was denied without prejudice to revisiting the individual issues after a status conference and revised discovery schedule.

Questions Presented

1. Whether Vermont's medical-malpractice statute of repose barred plaintiffs' claims despite Megan Barli's minority when the action was filed.
2. Whether Porter Hospital was entitled to judgment on the pleadings based on the medical-malpractice statute of repose.
3. Whether plaintiffs were entitled to a protective order or sanctions to enforce the scheduling and discovery orders.
4. Whether the court should set a trial date and establish procedures governing depositions of treating professionals and the presentation of videos, photographs, and medical and billing records.

Disposition

other