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MYERS v. MEDICAL CENTER OF DELAWARE, INC.

No. Civ.A.97-461-GMS.

86 F.Supp.2d 389 (2000)

Joseph MYERS, Plaintiff, v. The MEDICAL CENTER OF DELAWARE, INC., et al., Defendants.

United States District Court, D. Delaware.

January 19, 2000.

Attorney(s) appearing for the Case

J. Brendan O'Neill, Timothy J. Weiler, Wilmington, DE, for plaintiff Joseph Myers.

Joseph R. Slights, III, Eileen K. Anderson, Nancy W. Law, Morris, James, Hitchens & Williams, Wilmington, DE, for defendants Medical Center of Delaware, Lucia Benzoni, M.D., J.A. Nemer, M.D.

Warren B. Burt, Burt & Abrams, Wilmington, DE, for defendants Doctors for Emergency Services, P.A., Anita H. Hodson, M.D.

Stephanie D. Kinder, The New Castle County Attorney's Office, Wilmington, DE, for defendants Michelle Hinson, Domenick Gregory, Jack Gahan, John Haug, Malvern Slawter.

AMENDED OPINION

SLEET, District Judge.

I. INTRODUCTION

This case arises out of the tragic death of a five-year-old child, Valeria Renee Myers, and the events which followed. Although an autopsy later revealed that Valeria had died of natural causes, the doctors who first treated her suspected that she had been sexually abused. As a result, the police launched an immediate investigation into her death. However, in their zeal to solve this...

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