Authors

Laura Lomeli

Document Type

Case Summary

Publication Date

6-20-2024

Case Synopsis

Pursuant to NRS 41A.097(5) a parent or guardian can file a claim for a child’s brain damage or birth defect until the child’s 10th birthday. In some cases, emergency directives issued during the COVID-19 pandemic, tolled those limitations period beyond a child’s 10th birthday. Accordingly, the Nevada Supreme Court held that the respondent’s complaint, which was filed 72 days after Gohari’s 10th birthday was timely. The court rejected the petitioners' argument that the directives' tolling provision did not apply, affirming the district court's interpretation.

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