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MAJOCHA v. TURNER

No. CIV.A. 00-552.

166 F.Supp.2d 316 (2001)

Darrin MAJOCHA and Anna Majocha, Plaintiffs, v. Joseph TURNER, M.D.; Michael A. Gottleib, M.D.; Louis S. Felder, M.D.; and Pittsburgh Ear, Nose & Throat Associates, Defendants

United States District Court, W.D. Pennsylvania.

September 13, 2001.

Attorney(s) appearing for the Case

Mark J. Murphy, Carol A. Horowitz, Disabilities Law, Disabilities Law Project, Pittsburgh, PA, Mary C. Vargas, Marc P. Charmatz, National Association for the Deaf Law Center, Silver Spring, MD, for Darrin Majocha, Anna Majocha, plaintiffs.

Alan S. Baum, Gaca, Matis, Baum & Rizza, Pittsburgh, for Joseph Turner, M.D., Michael A. Gottlieb, M.D., Louis S. Felder, M.D., Pittsburgh Ear, Nose & Throat Associates, defendants.

MEMORANDUM OPINION

LEE, District Judge.

Fifteen month old Darrin ("D.J.") Majocha suffered from chronic ear infections in 1999. D.J.'s pediatrician referred his parents to Dr. Joseph Turner, M.D., a preeminent specialist at the Pittsburgh Ear, Nose and Throat Associates ("ENT"), to discuss the possibility of surgery to insert tubes in D.J.'s ears. On or about August 25, 1999, Anna Majocha called ENT to make an appointment for her and her husband, Darrin...

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