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George Cantu v. Providence Hospital, et al.

Paid petition · Court of Appeals of Washington, Division 1, No. 80229-1-I · judgment August 10, 2020


Certiorari denied · October 4, 2021
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

I. Does Washington State’s RCW 4.16.350(3), granting one year statute of limitations after discovering medical malpractice and eight year repose compared to three year discovery rule and unlimited repose statute of limitations in other bodily injury cases in RCW 4.16.080(2) violate constitutional rights to equal protection, due process, right to jury trial, and grant special privileges and immunities to health care providers versus their victims and contrary to the situation of other citizens of these United States? II. Did the Washington Courts, in dismissing and failing to reverse dismissal of Plaintiff ’s medical malpractice case for failure to provide an expert opinion thereon, violate Mr. Cantu’s due process constitutional rights by denying application of the discovery rule extending the statute of limitations to join as a party the allegedly negligent anesthesiologist and by denying him litigation discovery information necessary for his Stanford University anesthesiology professor expert to support his case?

Counsel of record

For petitioner
William C. Budigan
Budigan Law Firm

For respondent
James Edyrn Baker
Moberg Rathbone Kearns

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Aug 25 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Aug 20 2021
    Waiver of right of respondent Sanjeev Vaderah, MD to respond filed.
  4. Aug 18 2021
    Waiver of right of respondent Providence Hospital to respond filed.
  5. Aug 18 2021
    Waiver of Sanjeev Vaderah, MD of right to respond not accepted for filing. (August 20, 2021)
  6. Aug 17 2021
    Waiver of Providence Hospital of right to respond not accepted for filing. (August 17, 2021)
  7. Aug 17 2021
    Waiver of Providence Hospital of right to respond not accepted for filing. (August 18, 2021)
  8. Aug 02 2021
    Petition for a writ of certiorari filed. (Response due September 3, 2021)