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04/14/97 DARRELL P. COLLINS v. JEAN C. SULLIVAN

April 14, 1997

DARRELL P. COLLINS, PLAINTIFF-APPELLANT,
v.
JEAN C. SULLIVAN, AS ADM'R OF THE ESTATE OF MARTIN R. SULLIVAN, M.D., DECEASED, AND RECONSTRUCTIVE SURGERY, LTD., DEFENDANTS-APPELLEES.



Appeal from the Circuit Court of Cook County. Honorable STUART A. NUDELMAN, Judge Presiding.

Released for Publication June 2, 1997.

The Honorable Justice Buckley delivered the opinion of the court. Campbell, P.j. and O'brien, J., concur.

The opinion of the court was delivered by: Buckley

JUSTICE BUCKLEY delivered the opinion of the court:

Plaintiff, Darrell Collins, brought a medical negligence action against Martin R. Sullivan, M.D., and Reconstructive Surgery, Ltd. The complaint alleged that as a result of Dr. Sullivan's negligent treatment, plaintiff endured pain, suffering, disability, substantial disfigurement, dysfunctional sexuality, severe emotional distress, as well as monetary damages.

Defendants moved for summary judgment on the ground that plaintiff's action was time barred by the four-year statute of repose contained in section 13-212 of the Illinois Code of Civil Procedure (735 ILCS 5/13-212 (West 1994)). The trial court granted partial summary judgment, finding that plaintiff's claims arising out of Dr. Sullivan's negligence prior to 1988 were barred. Plaintiff appeals, raising the following issue: whether the trial court erred in granting summary judgment in favor of defendants and against plaintiff.

On February 13, 1965, plaintiff began to see Dr. Sullivan for the medical and surgical treatment for the conditions of phypopsadias (a developmental anomaly in which the male urethra opens on the underside of the penis) and chordee (curvature of the penis). Plaintiff remained in Dr. Sullivan's care until December 11, 1991. During that time, Dr. Sullivan performed the following surgeries on plaintiff:

7/7/66 Age 4 Excision of chordee

7/13/67 Age 5 Urethroplasty with construction of

urethra

6/21/68 Age 6 Perineal Urethrostomy and

Urethroplasty

4/1/68 Age 7 Urethroplasty ...


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