The defendant, Dr. Allan Wojciech Jackiewicz, brought a motion for summary judgment to dismiss the plaintiffs' medical malpractice action, arguing it was statute-barred under the Limitations Act, 2002.
The plaintiffs alleged negligence during a surgery in January 2010, claiming they only discovered malpractice after a 2019 news article.
The court found that the plaintiffs had sufficient material facts by December 2010, and certainly by 2012-2013, to infer a plausible claim of liability, including knowledge of surgical complications, a non-consented procedure, and a 2010 news article about the defendant's professional misconduct.
The court ruled that the 2019 article provided no new material facts relevant to their specific claim and that the plaintiffs failed to act with reasonable diligence.
The motion for summary judgment was granted, and the action was dismissed as statute-barred.
