Padgett v. Shands Teaching Hosp. and Clinics, Inc., 91-3610

Decision Date08 February 1993
Docket NumberNo. 91-3610,91-3610
Parties18 Fla. L. Week. D496 Marian L. PADGETT, as Personal Representative of the Estate of Kelly Jean Ellison, a minor, deceased, Appellant, v. SHANDS TEACHING HOSPITAL AND CLINICS, INC., Appellee.
CourtFlorida District Court of Appeals

Wagner, Cunningham, Vaughn & McLaughlin, P.A., Tampa, Joel D. Eaton of Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin, P.A., Miami, for appellant.

Francis E. Pierce III of Gurney & Handley, P.A., Orlando, for appellee.

PER CURIAM.

Appellant is appealing the trial court's order dismissing this case due to noncompliance with the statute of repose. Appellant's action is based upon the hospital's provision of a blood transfusion which resulted in the deceased contracting acquired immune deficiency syndrome which was traced to the presence of HIV virus in that transfusion. Appellant argues that the statutory period did not run until such time as she should have known of the injury or, in the alternative, that the statute resulted in an unconstitutional denial of access to courts.

Both of these arguments were rejected in Kush v. Lloyd, 616 So.2d 415 (Fla.1992). We therefore affirm the dismissal by the trial court.

SMITH, WIGGINTON and WOLF, JJ., concur.

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5 cases
  • Doe v. Shands Teaching Hosp. and Clinics, Inc.
    • United States
    • Florida District Court of Appeals
    • February 19, 1993
    ... ... Kush v. Lloyd, 616 So.2d 415 (Fla.1992); Whigham v. Shands Teaching Hospital & Clinics, Inc., 613 So.2d 110 (Fla. 1st DCA 1993); Padgett v. Shands Teaching Hospital & Clinics, Inc., 616 So.2d 467 (Fla. 1st DCA 1993) ...         In addition to the matters discussed by the ... ...
  • Damiano v. McDaniel
    • United States
    • Florida Supreme Court
    • March 13, 1997
    ... ... review denied, 634 So.2d 623 (Fla.1994); Padgett v. Shands Teaching Hosp. & Clinics, Inc., 616 ... ...
  • Kish v. A.W. Chesterton Co.
    • United States
    • Florida District Court of Appeals
    • April 26, 2006
    ... ... E.R. Squibb & Sons, Inc., 397 So.2d 671 (Fla. 1981), resulted in an ... 8. See also Padgett v. Shands Teaching Hosp. and Clinics, Inc., 616 ... ...
  • Damiano v. McDaniel, 95-0068
    • United States
    • Florida District Court of Appeals
    • April 10, 1996
    ... ... and Community Blood Centers of South Florida, Inc., f/k/a Broward Community Blood Center, Inc., a ... denied, 634 So.2d 623 (Fla.1994), Padgett v. Shands Teaching Hospital and Clinics, Inc., ... ...
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