Mercy Health and several medical professionals named in a federal civil rights lawsuit filed by a Warren woman are asking a judge to dismiss the medical malpractice portion of the case, arguing that Brittany Watts missed legal deadlines and failed to provide necessary documentation.

Attorneys for Bon Secours Mercy Health and employees Jordan Carrino, Parisa Khavari, Connie Moschell, Fred Raines, and Suzanne Zupko filed a motion in U.S. District Court on Monday seeking permission to request a summary judgment. A summary judgment allows a judge to decide a portion of a case without a trial when the facts are not in dispute. The hospital system is also asking the court to pause the process of interviewing expert witnesses until this specific legal issue is resolved.

The lawsuit stems from a September 2023 incident where Watts, then nearly 22 weeks pregnant, suffered a miscarriage at her home in Warren. Hospital staff reported the incident to police, leading to a felony charge of abuse of a corpse against Watts, which a grand jury later declined to indict. Watts sued in January 2025, alleging civil rights violations, including false reporting and invasion of privacy.

In the new filing, defense attorneys argue that portions of Watts' complaint constitute a "medical claim" under Ohio law because they relate to the "prevention or alleviation of a physical or mental defect or disease". Under the Ohio Revised Code, medical claims are subject to strict filing requirements that the defense argues Watts failed to meet.

The motion asserts that Watts’ medical claim is barred by the statute of limitations, which is the legal time limit for filing a lawsuit. In Ohio, medical claims generally must be filed within one year of the incident. The incident occurred in September 2023.

According to court documents, Watts’ legal team sent a "180-day letter" to the hospital on Jan. 5, 2024. Under Ohio law, sending this notification letter informs medical providers that a lawsuit is being considered and extends the filing deadline by 180 days.

However, the hospital’s attorneys argue that the extension expired in July 2024. Because Watts did not file her federal lawsuit until Jan. 10, 2025, the defense contends that any claim related to medical negligence is legally expired and must be dismissed. The motion states that "plaintiff’s medical claim is barred by the statute of limitations" because she failed to file within the extended window provided by the letter.

Additionally, the hospital argues that Watts failed to file an "affidavit of merit" with her complaint. An affidavit of merit is a sworn statement from a qualified medical expert attesting that the care provided fell below acceptable standards and caused injury. The Ohio Civil Rules require the document to discourage frivolous medical malpractice lawsuits. The motion states that Watts failed to attach this required affidavit or a motion requesting more time to obtain one when she initiated the lawsuit.

The defense is asking Chief District Judge Sara Lioi to pause "expert discovery," which involves hiring medical specialists to review records and give testimony about the standard of care. The hospital argues that if the judge dismisses the medical claim due to the missed deadline, hiring these experts would be an unnecessary expense for all parties involved.

"It would be patently unfair to require Defendants to expend the time and resources to defend a claim that is barred by the statute of limitations," the motion states.

Defense attorneys clarified that they are currently seeking to dismiss only the medical claims, not the entire civil rights lawsuit. They noted that discovery regarding the facts of the case—such as depositions of witnesses—should continue, but they want to halt the specific and costly process of expert witness testimony until the court decides on the timeline issue.

Watts’ attorneys have not yet filed a response to the motion.