Schramm v. Lyon

Lyon (plaintiff) had her spleen removed after a car accident and developed a life-threatening post-splenectomy infection twenty-two years later, resulting in the amputation of parts of her limbs. She sued several doctors (defendants) she had consulted for unrelated conditions during the five years before her infection, alleging each failed to advise her of updated post-splenectomy protocols or prescribe preventive medications and vaccinations during those separate visits. The doctors moved to dismiss under Georgia's five-year statute of repose, since they first treated Lyon more than five years before suit; the trial court agreed and dismissed, but the appellate court reversed, finding the complaint alleged separate negligent acts causing new injury within the five years preceding suit.