Marlene Banwart and Richard Banwart v. Neurosurgery of North Iowa, P.C., David Beck, M.D., and Thomas Getta, M.D.

Summary

The court bypassed the statute-of-limitations issues and held that the plaintiffs’ certificates of merit did not substantially comply with the statutory affidavit requirement because the experts did not sign under oath or expressly under penalty of perjury. The court rejected the plaintiffs’ void-for-vagueness challenge and held that the defendants did not waive their statutory right to seek dismissal by waiting to move before the dispositive-motion deadline. The case was remanded for entry of summary judgment in favor of the defendants under the certificate-of-merit statute.