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ARTHUR v. ZEARLEY

No. 94-1012.

895 S.W.2d 928 (1995)

320 Ark. 273

James ARTHUR, M.D., Allan C. Gocio, M.D., Hot Springs Neurosurgery Clinic, P.A., St. Joseph's Regional Health Center, Inc., Calcitek, Inc., Sisters of Mercy Medical Systems, Sisters of Mercy Health System—St. Louis Pooled Comprehensive Liability Agreement, and American Medical International, Inc. d/b/a National Park Medical Center, Appellants, v. Betty Jo ZEARLEY and Herman Zearley, Brad Cazort and Sandra Partridge, as Administrators of the Estate of Charlotte Phillips Cox, Deceased, Appellees.

Supreme Court of Arkansas.

April 10, 1995.

Attorney(s) appearing for the Case

James M. Moody, Edwin L. Lowther, Jr., Kathryn A. Pryor, Little Rock, for St. Joseph's Reg.

J. Phillip Malcom, Little Rock, for James Arthur, M.D.

Robert S. Shafer, Lyn P. Pruitt, for Allan C. Gocio, M.D., Hot Springs Neurosurgery and Calcitek, Inc.

Rhonda M. Wheeler, Mike Huckabay, Tim Boone, Little Rock, for American Medical Intern., Inc.

George Ellis, Benton, Charles R. Hicks, George R. Wise, Jr., Lamar Porter, Bob Davidson, Little Rock, for appellees.

HOLT, Chief Justice.

This is an interlocutory appeal from an order certifying a class action. Appellees Betty Jo Zearley and Herman Zearley successfully sought certification in circuit court of a variety of tort claims centered around medical malpractice arising out of the alleged improper surgical implantation, by Drs. James Arthur and Allan C. Gocio, of a product known as "Orthoblock" into the spines of several patients. Appellees Brad Cazort and Sandra Partridge...

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