Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Toll This: Wash. S. Ct. Holds Tolling Exemption In Med Mal Cases Unconstitutional

By J. Will Eidson on January 23, 2014
Email this postTweet this postLike this postShare this post on LinkedIn

Schroeder v. Wieghall

When Jaryd Schroeder was nine-years old, he sought treatment from Dr. Steven Weighall and Columbia Basin Imaging.  During this treatment, he received an MRI, which Weighall reviewed and concluded was normal.  Nearly eight years later, at the age of 17, Schroeder underwent another MRI.  This MRI revealed that Schroeder suffered from an Arnold Chiari Type I Malformation.  The radiologist reviewing the second MRI concluded that the condition had been present to the same extent at the time of Schroeder’s first MRI.

Subsequently, the day before his 19th birthday, Schroeder filed a medical malpractice action against Weighall, Columbia Basin Imaging, PC, and a third party (who was dismissed by stipulation).  In response, Weighall argued that the action was time barred by the applicable statute of limitations and subject to the minority-tolling exemption codified at RCW 4.16.190(2).  The trial court agreed with Weighall and dismissed Schroeder’s action.  Schroeder then appealed directly to the Washington Supreme Court, arguing that RCW 4.16.190(2) violated article I, section 10 and article I, section 12 of the Washington State Constitution.

The Washington Supreme Court reversed.

In doing so, the Court concluded that RCW 4.16.190(2), which eliminates the tolling of the statute of limitations as to minors in medical malpractice cases, violates article I, section 12 of the Washington State Constitution.  In so holding, the Court reaffirmed that article I, section 12 “was more protective than the federal equal protection clause and required a very different analysis in certain situations.”  To this end, the Court provided that article I, section 12, “unlike the federal equal protection clause, applies to special interest legislation.”  The Court then turned to its two-part test for determining whether a statute violates article I, section 12: “First, we ask whether a challenged law grants a ‘privilege’ or ‘immunity’ for purposes of our state constitution,” and “[i]f the answer is yes, then we ask whether there is a ‘reasonable ground’ for granting that privilege or immunity.”

Applying that test, the Court concluded that the tolling exemption “limit[ed] the pursuit of common law claims against certain defendants” and was therefore an “immunity” under article I, section 12.  This let the Court turn to the second prong of its test.  As to this prong, the Court noted that the “reasonable ground test is more exacting than rational basis review [under federal law]” and concluded that the legislature had no “reasonable grounds” for the tolling exemption.  Thus, the Court concluded that RCW 4.16.190(2) was unconstitutional.

Additionally, the Court went on to note that RCW 4.16.190(2) “raises concerns other than special interest favoritism,” notably burdening a particularly vulnerable minority.  While the Court did not hold that minors constitute a semi-suspect class under article I, section 12 (subject to intermediate scrutiny), it did note that “the group of minors most likely to be adversely affected by RCW 4.16.190(2) may well constitute the type of discrete and insular minority whose interests are a central concern in our state equal protection cases.”

The Court did not reach Schroeder’s article I, section 10 argument.

Justice Johnson filed a dissenting opinion similarly finding that RCW 4.16.190(2) involved a privilege or immunity but that the legislature had a reasonable ground for doing so–reducing stale claims and reducing medical costs.

Photo of J. Will Eidson J. Will Eidson

J. Will Eidson focuses his practice on complex litigation, including the representation of insurers in significant coverage disputes, particularly in the areas of fidelity and surety bonds and directors and officers insurance. He also has experience in matters involving antitrust issues, contractual disputes…

J. Will Eidson focuses his practice on complex litigation, including the representation of insurers in significant coverage disputes, particularly in the areas of fidelity and surety bonds and directors and officers insurance. He also has experience in matters involving antitrust issues, contractual disputes and investment-related claims.. He was a law clerk for The Honorable C. Arlen Beam in the U.S. Court of Appeals for the Eighth Circuit (2007-2008).

Read more about J. Will EidsonEmailWill's Linkedin Profile
Show more Show less
  • Posted in:
    Personal Injury
  • Blog:
    Notice of Appeal
  • Organization:
    Stoel Rives LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo