On May 12, 1977, Shirley Hargis gave birth to a daughter in West Virginia who suffered from perinatal asphyxia, hypoxia, and a seizure disorder. She said she did not suspect these problems were caused by medical negligence until February 1994. In October 1994, she sued the estate of her attending physician, who had died while in retirement in Florida. The trial court ruled that a seven-year statute of limitation barred the suit. The Second District Court reversed but certified the case for Supreme Court review.