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BOWLIN v. DUKE UNIVERSITY

No. COA94-807.

457 S.E.2d 757 (1995)

119 N.C. App. 178

Joyce BOWLIN, Plaintiff-Appellant, v. DUKE UNIVERSITY, Private Diagnostic Clinic, and Roy B. Jones, Defendants-Appellees.

Court of Appeals of North Carolina.

June 6, 1995.

Attorney(s) appearing for the Case

Elizabeth F. Kuniholm, Raleigh, for plaintiff-appellant.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P. by Samuel G. Thompson, William H. Moss, and James Y. Kerr, III, Raleigh, for defendants-appellees Private Diagnostic Clinic and Roy B. Jones, M.D.

Patterson, Dilthey, Clay & Bryson, L.L.P. by Kathleen M. Millikan, Raleigh, for defendant-appellee Duke University.

JOHNSON, Judge.

In the spring of 1986, plaintiff was diagnosed with breast cancer. She had a mastectomy and underwent chemotherapy. Her treating oncologist then referred her to Duke University Medical Center (DUMC) for participation in the bone marrow transplant program, a program allowing cancer patients to harvest their own bone marrow to be frozen and reimplanted in the case of recurrence of the disease.

In October 1986, plaintiff entered DUMC for the harvesting...

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