Gilbert v. Jones
| Citation | 523 S.W.2d 211 |
| Parties | Glenda June GILBERT and J. D. Gilbert, Appellants, v. Sidney D. JONES and Ortho Pharmaceutical Corporation, Appellees. |
| Decision Date | 31 December 1974 |
| Court | Tennessee Court of Appeals |
James F. Schaeffer, J. E. Mitchell, Memphis, for appellants.
Thomas R. Prewitt, J. Kimbrough Johnson, Memphis, for appellees.
This is an appeal involving two separate civil actions brought by the plaintiffs, Glenda June Gilbert and her husband, J. D. Gilbert, against a physician, Sidney D. Jones, and a drug manufacturer, Ortho Pharmaceutical Corporation. The circuit judge sustained the plea of the statute of limitations and granted the motions for summary judgment filed by the defendants.
The depositions of Mrs. Gilbert and Dr. Spiotta indicate that Mrs. Gilbert began taking birth control pills in 1963. These pills were prescribed by Dr. Jones and manufactured by Ortho Pharmaceutical Corporation. Mrs. Gilbert took these contraceptive pills for some six years when she was advised by Dr. Jones in June, 1970 that she had high blood pressure. In Mrs. Gilbert's deposition, she states that she purchased birth control pills in containers containing a three-month supply, and that she purchased two containers at a time. She further stated it was necessary to see Dr. Jones every six months to get a prescription for these contraceptive pills. On March 12, 1971, she saw Dr. Jones for the last time for this particular condition.
After seeing Dr. Jones on March 12, 1971, she also went to see Dr. Hal Bennett on that same day and was told by him that her blood pressure was 230/130 and that it was 'severely high'. Dr. Bennett suggested that she see a doctor of internal medicine and she then consulted Dr. Eugene Spiotta who admitted her to the hospital on March 17, 1971 for high blood pressure.
On March 29, 1971, Mrs. Gilbert was apprised by Dr. Spiotta of the causal relationship between her high blood pressure and the contraceptive pills, and she was advised to and did discontinue use of the contraceptive pills at that time.
On March 21, 1972, the complaint was filed in Circuit Court by Mr. and Mrs. Gilbert against both defendants alleging that the injury to Mrs. Gilbert was 'severely high blood pressure with resulting heart damage'.
The trial judge ruled that the causes of action of the plaintiffs were barred by the statute of limitations which began to run as of March 12, 1971, the last date contraceptive pills were prescribed by Dr. Jones. This was one year and nine days before the filing of the emplaint against the defendants in this case. The ruling of the trial judge was correct at the time he ruled that this malpractice action was barred by the statute of limitations.
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