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WHITE v. ADVANCED NEUROMODULATION SYSTEMS

No. 2D09-1568.

51 So.3d 631 (2011)

Gerald M. WHITE and Melanie White, individually and as the parents and natural guardians of their minor son, James R. White, Appellants, v. ADVANCED NEUROMODULATION SYSTEMS, INC., a foreign corporation; Wendy Bolin, R.N.; and Pain Management Systems, Inc., Appellees.

District Court of Appeal of Florida, Second District.

January 14, 2011.

Attorney(s) appearing for the Case

Dennis L. Webb of Webb & Scarmozzino, P.A., Fort Myers, for Appellants.

Stuart C. Markman , Robert W. Ritsch , and Kristin A. Norse of Kynes, Markman & Felman, P.A., Tampa, and Charles D. Bavol , Nancy J. Stewig , and Melissa D. Krepps of Bavol Judge, P.A., Tampa, for Appellees Advanced Neuromodulation Systems, Inc., and Wendy Bolin, R.N.

James C. Sawran , Robert C. Weill , and Thomas M. Hartwig of McIntosh, Sawran, Peltz & Cartaya, P.A., Fort Lauderdale, for Appellee Pain Management Systems, Inc.

MORRIS, Judge.

Gerald M. White and Melanie White, husband and wife, appeal a final summary judgment entered in favor of Advanced Neuromodulation Systems, Inc. (ANS), Wendy Bolin, R.N., and Pain Management Systems, Inc. (PMS). In 2005, Mr. White became paralyzed after an infection developed around a surgical device which had been implanted into his back to treat chronic back pain. In the Whites' complaint, they asserted that Bolin, acting as an agent of ANS and PMS...

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