BLOOMER v. WELLMONT HOLSTON VALLEY MEDICAL CENTER

No. 2:03-CV-435.

299 F.Supp.2d 810 (2004)

Mark Allen BLOOMER v. WELLMONT HOLSTON VALLEY MEDICAL CENTER, et al.

United States District Court, E.D. Tennessee, Greeneville.

January 29, 2004.


Attorney(s) appearing for the Case

Olen G Haynes, Arnold, Haynes & Sanders, Johnson City, TN, Mary Lynn Tate, Tate Law Firm, Abingdon, VA, for Mark A Bloomer, plaintiff.

William T Gamble, Wilson, Worley & Gamble, PC, Jimmie C Miller, Hunter, Smith & Davis, Kingsport, TN, for Wellmont Holston Valley Medical Center, Appalachian Orthopaedic Associates, PC, Galen R Smith, M.D., defendants.


ORDER

GREER, District Judge.

This medical malpractice complaint is before the Court to address the Motions to Dismiss file by the defendants based on a statute of repose defense. The complaint alleges that at the conclusion of a L5-S1 laminotomy and discectomy performed on December 26, 1997, the defendants negligently failed to remove and account for five surgical needles. While the plaintiff continued to experience back pain, only after another physician...

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