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GALLAGHER v. DUKE UNIVERSITY

Nos. 87-1056, 87-1061 and 87-1062.

852 F.2d 773 (1988)

John Albert GALLAGHER; Kimberly Miriam Gallagher, Plaintiffs-Appellees, and Lisa Marie Gallagher, by next friend Michelle Robertson, Plaintiff, v. DUKE UNIVERSITY, Defendant-Appellant, and The Private Diagnostic Clinic; George H. Mickey, Ph.D., Defendants. John Albert GALLAGHER; Kimberly Miriam Gallagher, Plaintiffs-Appellants, and Lisa Marie Gallagher, by next friend Michelle Robertson, Plaintiff, v. DUKE UNIVERSITY; the Private Diagnostic Clinic; George H. Mickey, Ph.D., Defendants-Appellees. John Albert GALLAGHER; Kimberly Miriam Gallagher, Plaintiffs-Appellees, and Lisa Marie Gallagher, by next friend Michelle Robertson, Plaintiff, v. George H. MICKEY, Ph.D., Defendant-Appellant, and Duke University; the Private Diagnostic Clinic, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided July 28, 1988.

Opinion on Denial of Rehearing and Rehearing August 29, 1988.

Attorney(s) appearing for the Case

Joel M. Craig (E.C. Bryson, Jr., Newsom, Graham, Hedrick, Bryson & Kennon, on brief), Timothy C. Barber (O. William Faison, Faison, Brown, Fletcher & Brough on brief) for Duke University et al.

Donald Beskind (Beskind and Rudolf, P.A., Neil R. Rosen, Evans, Rosen, Portnoy, Quinn & Donohue, on brief), for Gallagher et al.

Before ERVIN and WILKINS, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Opinion on Denial of Rehearing and Rehearing In Banc August 29, 1988.

BUTZNER, Senior Circuit Judge:

Duke University and Dr. George H. Mickey appeal the district court's judgment entered on the verdict of a jury awarding damages to John and Kimberly Gallagher for failure to detect a genetic abnormality resulting in the birth of a daughter who suffers severe physical and mental defects. The Gallaghers cross appeal, assigning error to the district court's refusal...

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