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TAYLOR v. WILMINGTON MEDICAL CENTER, INC.

Civ. A. No. 81-147.

538 F.Supp. 339 (1982)

Paul E. TAYLOR, Jr., individually and as next friend of Timothy P. Taylor, and Gladys F. Taylor, Plaintiffs, v. WILMINGTON MEDICAL CENTER, INC., a hospital corporation of the State of Delaware, J. Rafael Yanez, M.D., and Ricardo Castro, M.D., Defendants.

United States District Court, D. Delaware.

May 6, 1982.

Attorney(s) appearing for the Case

C. Waggaman Berl, Jr., and Marie C. Bifferato, Howard M. Berg & Associates, Wilmington, Del., for plaintiffs.

Jane R. Roth, Richards, Layton & Finger, Wilmington, Del., for defendant Wilmington Medical Center, Inc.

William D. Bailey, Jr., Phebe S. Young, Bayard, Brill & Handelman, Wilmington, Del., for defendant Yanez.

Mary Pat Trostle, Biggs & Battaglia, Wilmington, Del., for defendant Castro.

OPINION

STAPLETON, District Judge:

I

Plaintiffs filed this medical malpractice suit based upon diversity jurisdiction on April 10, 1981. One cause of action is maintained by Paul Taylor, as next friend of his minor son Timothy Taylor, alleging that defendants negligently failed to properly diagnose and treat Timothy's birth defect called spina bifida. Because of improper closure of his spinal canal, Timothy was born with a large lump on his buttocks...

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