Kelly Hughes Iverson and Ian Deitz secured an important victory in the Appellate Court of Maryland on behalf of their healthcare clients in a wrongful death case. One wrongful death beneficiary had filed suit shortly before the three-year statutory deadline, naming another beneficiary as a use plaintiff. When the use plaintiff attempted to intervene in the case after the statutory deadline, the trial court denied his motion. On appeal, he argued his untimely efforts should relate back to the time the complaint was filed because he had not received notice of the suit until after the statutory deadline passed. In a reported opinion affirming the trial court, the court agreed with Goodell DeVries and the original plaintiff that the rules are unambiguous, and use plaintiffs must either seek to intervene or file suit before the statutory deadline.
