Estate of McAdams v. Mariner Healthcare Mgmt. Co., 2006 U.S. Dist. LEXIS 43679 (D. Miss. 2006)

Plaintiff filed its action on April 13, 2004. Plaintiff was a resident at the defendant nursing home from January 8, 2002 through March 4, 2002. The applicable statute of limitations was two years from the date of discovery. The court found that Plaintiff should have known of the resident’s injuries not later than March 4, 2002 and therefore, the complaint was barred if not filed by March 4, 2004. Plaintiff alleged it was delayed because the Medicare website listed the wrong name for defendant but since no complaint was timely, Plaintiff’s failed to assert an excusable reason for not filing within the statute of limitations. Defendant’s motion for summary judgment was granted.