MILLER v. CATHOLIC HEALTH INITIATIVES-IOWA

No. 22-1574.

7 N.W.3d 367 (2024)

Darrin P. MILLER, individually, as executor of the Estate of Meredith R. Miller, and as parent, guardian, and next of friend of S.M.M., a minor, Appellee, v. CATHOLIC HEALTH INITIATIVES-IOWA, CORP. d/b/a MercyOne Des Moines Medical Center, William Nowysz, Joseph Losh, Hijinio Carreon, Noah Pirozzi, Danielle Chamberlain, and Daron Darmening, Appellants, and Iowa Department of Transportation, State of Iowa, Snyder & Associates, Inc., Company, Inc. (an unidentified corporation), Defendants.

Supreme Court of Iowa.

Filed May 24, 2024.


Attorney(s) appearing for the Case

Theodore T. Appel (argued) and Frederick T. Harris of Lamson Dugan & Murray LLP, West Des Moines, for appellants Catholic Health Initiatives, Losh, Pirozzi, Chamberlain and Darmening.

Thomas F. Ochs (argued) and Richard A. Stefani of Gray, Stefani & Mitvalsky, PLC, Cedar Rapids, for appellants Nowysz and Carreon.

Jenna L. Cruise (argued) and Joshua L. Dewald of Hupy and Abraham, S.C. P.C., West Des Moines, and Marc S. Harding of Harding Law Office, Des Moines, for appellee.

Jessica A. Zupp of Zupp and Zupp Law Firm, P.C., Denison, for amicus curiae Iowa Association for Justice.

Waterman, J., delivered the opinion of the court in which all justices joined.


Does an unsworn signature on an expert's certificate of merit substantially comply with the statute requiring an affidavit signed under oath? In this appeal, we must decide whether the district court erred by denying dispositive motions filed by defendants in this medical malpractice...

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