A recent decision from Ohio’s Eighth Appellate District Court has confirmed the dismissal of a medical malpractice lawsuit after the plaintiffs failed to submit a required affidavit of merit within court-ordered deadlines. The case centered on allegations related to surgical care following complications from a mandibular reconstruction plate, raising questions about compliance with procedural rules for medical claims.
The complaint was brought by David Hrina, individually and as administrator of the estate of Pamela Hrina, along with Claire Elise Hrina and Jack Dylan Hrina, minor children of David Hrina. The appeal was filed in Cuyahoga County Court of Common Pleas under Case No. CV-23-989264 against defendant Dr. Faisal Quereshy.
According to court documents, Pamela Hrina underwent surgery at University Hospitals Medical Center on November 5, 2020, for the insertion of a mandibular reconstruction plate. After experiencing pain and discovering that the plate had broken, she required an additional surgery on November 25, 2020, to remove it. On May 20, 2022, her family initiated legal action alleging product liability against manufacturers and distributors as well as medical malpractice against Dr. Quereshy and University Hospitals.
When filing their initial complaint, the plaintiffs requested more time to submit an affidavit of merit—a document required under Ohio Civil Rule 10(D)(2) to support medical claims—receiving an extension beyond the standard deadline. More than a year later, however, their claims against University Hospitals were dismissed due to failure to provide this affidavit within the extended period. The remaining product liability claims were also dismissed without prejudice.
The plaintiffs refiled their complaint on November 29, 2023, repeating their earlier allegations and again sought an additional ninety days to file an affidavit of merit. The trial court granted this request with a new deadline set for February 27, 2024. Despite this second extension, no affidavit was filed by that date.
University Hospitals subsequently moved once more for dismissal on March 13, 2024; although plaintiffs attempted to file for leave to submit their affidavit shortly thereafter on March 26, it was deemed untimely by the court. Their motion was denied and University Hospitals was dismissed from the case again.
Dr. Quereshy did not immediately move for dismissal due to his counsel’s withdrawal over a conflict of interest and subsequent request for more time to respond. Once new representation was secured, Dr. Quereshy filed his own motion to dismiss based on failure to timely file an affidavit of merit on May 17, 2024.
The appellate opinion outlines that while plaintiffs eventually submitted an amended complaint including an affidavit of merit after remand from a previous appeal (Hrina v. Martin L.P., 2025-Ohio-549), this submission came after all relevant deadlines had passed. Plaintiffs argued that filing with an amended complaint should allow relation back under Civil Rule 15(C), but both trial and appellate courts disagreed.
The opinion emphasizes that Civil Rule 10(D)(2)(b) allows only up to ninety days’ extension for filing such affidavits unless good cause is shown or discovery issues arise—circumstances not present here according to both courts’ findings: “Appellants have made no attempt to demonstrate ‘good cause.’” The ruling further states: “If a motion to dismiss for failure to comply with the extensions provisions in Civ.R. 10(D)(2)(b) could be defeated by simply filing an amended complaint that included an affidavit of merit…this cannot be the intent.”
The panel concluded there was no abuse of discretion in dismissing the claims given repeated missed deadlines despite multiple extensions: “We…find no abuse of discretion in the court’s decision.”
As relief from the court, appellants had sought permission for late filing or acceptance via amendment but were denied; costs were awarded in favor of appellee Dr. Quereshy.
Attorneys listed in appearances include W. Craig Bashein (Bashein & Bashein Co.), Michael J. Factor, Louis E. Grube and Paul W. Flowers (Flowers & Grube) representing appellants; Dolores Garcia (UB Greensfelder LLP) representing appellee Dr. Quereshy; Judges Eileen T. Gallagher (authoring), Lisa B. Forbes (presiding), and Sean C. Gallagher concurred in judgment; Case ID is No. 115222.
Source: 2026Ohio1276_Hrina_v_KLS_Martin_LP_Opinion_Ohio_Court_of_Appeals.pdf
