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NICHOLS v. ESTABROOK

Civ. No. 87-430-D.

741 F.Supp. 325 (1989)

Gloria A. NICHOLS, as personal representative of the Estate of David R. Nichols, Jr.; Gloria A. Nichols; David R. Nichols, v. John D. ESTABROOK, M.D.; John D. Estabrook, M.D., P.A.

United States District Court, D. New Hampshire.

June 21, 1989.

Attorney(s) appearing for the Case

Harvey J. Garod, Ossipee, N.H., for plaintiffs.

Lawrence E. Spellman, Concord, N.H., for defendants.

ORDER

DEVINE, Chief Judge.

This medical malpractice suit arises from the tragic death of sixteen-week-old David R. Nichols, Jr. The decedent's parents1 seek $2,000,000 in damages from Dr. John D. Estabrook, the physician who examined their son shortly before his death. Relevant facts derived from the complaint and plaintiffs' depositions follow.

At approximately 1:30 a.m. on October 23, 1986, Gloria and David Nichols...

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