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BARRETT v. HARRIS

No. 1 CA-CV 03-0412.

86 P.3d 954 (2004)

207 Ariz. 374

Bernadette BARRETT and William Barrett, both individually, and as wife and husband, and as surviving parents of Emily Barrett, deceased, Plaintiffs-Appellants, v. Thomas HARRIS, M.D. and Patricia Harris, his wife; Neonatology Associates, Ltd., an Arizona business entity, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department A.

April 1, 2004.

Attorney(s) appearing for the Case

Cluff & Associates By David H. Cluff, Mesa, Attorney for Plaintiffs-Appellants.

Bradford Law Offices, P.L.L.C. By Michael E. Bradford and Gallagher & Kennedy, P.A. By Wm. Charles Thomson, Kelly C. Mooney, Phoenix, Attorneys for Defendants-Appellees.

OPINION

TIMMER, Judge.

¶ 1 Emily Barrett, newborn daughter of Bernadette and William Barrett, tragically died as a result of an accident that occurred as a nurse administered "blow-by" oxygen to the baby through an endotracheal tube. In a subsequent lawsuit, the trial court granted judgment as a matter of law for Dr. Thomas Harris, Emily's treating neonatologist, on the Barretts' claims that he caused Emily's death both by failing to advise Mrs. Barrett...

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