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CHANCELLOR v. SHANNON

No. 23368.

488 S.E.2d 1 (1997)

200 W.Va. 1

Linda S. CHANCELLOR, aka Linda S. Holdren, aka Linda S. Payne, Plaintiff Below, Appellant, v. Harry SHANNON, M.D., St. Joseph Hospital, a West Virginia Corporation, John Doe Medical Instrument Manufacturing Corporation (now known as Van-Tec, a subsidiary of Boston Scientific Corporation), doing business in the State of West Virginia, P.L. Kupferberg, M.D.; and John Doe Medical Instrument Distributing Company, a corporation doing business in the State of West Virginia, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided February 26, 1997.

Attorney(s) appearing for the Case

J. C Powell, Powell Law Offices, Charleston, for Appellant.

David E. Schumacher, Schumacher & Stennett, Charleston, Attorney for Appellee Shannon.

Don R. Sensabaugh, Jr., David S. Givens, Flaherty, Sensabaugh & Bonasso, Charleston, for Appellee St. Joseph Hospital.

Gary W. Hart, Jackson & Kelly, Charleston, for Appellee Boston Scientific.

Brent P. Copenhaver, Jacobson, Maynard, Tuschman & Kalur, Morgantown, for Appellee Kupferberg.

PER CURIAM:

The Circuit Court of Wood County, in this medical malpractice and products liability case, granted one of the defendants, Boston Scientific Corporation, summary judgment on the ground that claim of the appellant, Linda S. Chancellor, was barred by the statute of limitations. The circuit court found that the appellant had not acted with reasonable diligence to determine that a division of Boston Scientific had manufactured a medical device which failed...

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