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OSBORNE v. U.S.

No. 30115.

567 S.E.2d 677 (2002)

211 W.Va. 667

Gorman Dale OSBORNE, et al., Plaintiffs, v. The UNITED STATES of America, et al., Defendants.

Supreme Court of Appeals of West Virginia.

Decided July 3, 2002.

Dissenting Opinion of Justice Maynard, July 8, 2002.

Attorney(s) appearing for the Case

Sean P. McGinley, Rudolph L. DiTrapano, J. Timothy DiPiero, Mary Sadd Blaydes, DiTrapano, Barrett & DiPiero, PLLC, Charleston, West Virginia, for plaintiffs.

Kasey Warner, United States Attorney, Stephen M. Horn, Assistant United States Attorney, United States Attorney's Office, Charleston, West Virginia, for defendants.

Michele Grinberg, C. Benjamin Salango, Flaherty, Sensabaugh & Bonasso, P.L.L.C., Charleston, West Virginia, for Amicus Curiae, West Virginia State Medical Association.

DAVIS, Chief Justice.

This case comes before us upon certification from the United States District Court for the Southern District of West Virginia. By order entered September 20, 2001,1 the district court presents the following certified question: "Does West Virginia's Medical Professional Liability Act provide a cause of action by a third party against a health care provider for foreseeable...

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