Docket No. 110170.
THE STATE OF ILLINOIS
HELEN ULDRYCH, Indiv. and as Special Adm’r of the Estate of
Rudolph Uldrych, Deceased, v. VHS OF ILLINOIS, INC., d/b/a
MacNeal Hospital, Appellant (Christopher D. Joyce et al.,
Opinion filed January 21, 2011.
JUSTICE KARMEIER delivered the judgment of the court, with
Chief Justice Kilbride and Justices Freeman, Thomas, Garman, and
Burke concurred in the judgment and opinion.
Justice Theis took no part in the decision.
In this appeal, the parties, who were all named as defendants in an
underlying medical malpractice action, argue over the proper statute
of repose to be applied to the defendant hospital’s implied indemnity
claim against the defendant doctors and their employer. In accord with
the determinations made by the circuit and appellate courts, we hold
that section 13–212(a) of the Code of Civil Procedure (735 ILCS
5/13–212(a) (West 2002) (medical malpractice statute of repose))
applies to the hospital’s implied indemnity claim and, consequently,
the claim was untimely filed. We set forth hereafter only those facts