Peter Eidenberg and Bonnie Calhoun Obtain Dismissal of $4.9 Million Medical Malpractice Case
Peter Eidenberg and associate attorney Bonnie Calhoun successfully obtained the dismissal of a $4.9 million medical malpractice case against their clients on the grounds that it was time-barred by the statue of limitations. The dismissal was based on a thorough analysis of HB4212, a piece of legislation passed during the COVID-19 pandemic that included a provision for tolling the statute of limitations in civil cases during the governor’s state of emergency. There is currently a split in Oregon trial courts over the end date of HB4212’s tolling period and there is no appellate decision yet on the issue. Peter and Bonnie collaborated on the briefing, and Bonnie successfully argued to the court, that the tolling ended on December 31, 2021, making plaintiff’s complaint filed nearly three months later untimely.