ST. LOUIS — The Missouri Court of Appeals Eastern District has upheld a circuit court’s dismissal of a medical malpractice lawsuit.
The court ruled that Christopher Shreves failed to comply with the clear statutory deadline requiring the timely submission of an affidavit of merit.
The appellate court affirmed the judgment of the St. Charles County Circuit Court, which had granted motions to dismiss filed by Mercy-GoHealth Urgent Care and Dr. Nana Atsina, and denied as moot Shreves’ motion for an extension of time.
The case stems from a December 2020 incident in which Shreves visited an urgent care facility while experiencing symptoms consistent with COVID-19.
While alone in the examination room, Shreves reportedly became cold, nauseous and dizzy before losing consciousness and falling off the examination table, striking his head in the process.
Shreves filed suit against the health care provider and the attending physician on Dec. 16, 2022, but voluntarily dismissed the action on March 20, 2023, after failing to submit the affidavit of merit required under Section 538.225 of Missouri law.
Shreves refiled his lawsuit on March 26, 2024, again without submitting the necessary affidavit of merit within the prescribed 90-day window.
The law mandates that in any action against a health care provider for personal injury or death resulting from the rendering or failure to render health care services, the plaintiff must file an affidavit confirming that a qualified health care professional has reviewed the case and believes the defendant failed to meet the applicable standard of care.
This affidavit must be filed within 90 days of the filing of the lawsuit, unless the court grants an extension for good cause shown.
Despite this statutory requirement, Shreves did not file the required affidavit by June 24, 2024, the deadline set by the statute.
On July 3, 2024, both defendants moved to dismiss the case. Shreves responded on Aug. 9, 2024 — 135 days after the case was filed — by submitting an affidavit from a registered nurse and requesting an additional extension to file a physician’s affidavit specifically addressing the claim against Atsina.
The circuit court, after recusing and reassigning the case, heard arguments on Sept. 13, 2024, and on Sept. 16, 2024, granted the motions to dismiss while denying Shreves’ motion for an extension.
On appeal, Shreves argued that Section 538.225 should be interpreted to allow 180 days to file an affidavit of merit, suggesting that the statute provided an automatic extension beyond the initial 90 days.
The appellate court rejected this interpretation, finding no ambiguity in the statutory language. The court held that the law clearly requires the affidavit to be filed within 90 days unless the plaintiff seeks and is granted an extension by court order before the expiration of that period. The judges noted that no automatic extension exists in the statute and emphasized that Missouri courts have consistently strictly enforced this requirement.
In support of its decision, the court cited several precedents, including the Missouri Supreme Court’s decision in Mayes v. Saint Luke's Hospital of Kansas City, which held that dismissal is mandatory when a plaintiff fails to file a timely affidavit of merit.
The appellate court also referred to Austin v. Schiro, where it was similarly determined that, absent a court-ordered extension, a plaintiff must comply with the 90-day deadline.
The judges concluded that because Shreves did not seek an extension within the 90 days and the defendants had already filed motions to dismiss, the circuit court had no choice but to dismiss the case without prejudice.
The appellate court declined to infer the existence of an automatic extension where none was provided by the statute and affirmed that only a court order could extend the deadline.
The panel, consisting of Judge Renee D. Hardin-Tammons, Presiding Judge Philip M. Hess and Judge Gary M. Gaertner Jr., unanimously affirmed the lower court’s decision.
Attorneys representing Shreves included Drew C. Baebler, while the respondents were represented by David P. Ellington, T. Michael Ward, Chase J. Rose and Victor S. Williams.
Missouri Court of Appeals, Eastern District case number: ED113000
