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CHARLESTON AREA MEDICAL CENTER, INC. v. PARKE-DAVIS

Nos. 02-2303, 02-2264.

416 F.3d 279 (2005)

CHARLESTON AREA MEDICAL CENTER, INCORPORATED, Plaintiff-Appellee, and St. Paul Fire & Marine Insurance Company, Intervenor/Plaintiff, v. PARKE-DAVIS, a division of Warner Lambert; Pfizer, Incorporated, its successor by merger, Defendants-Appellants, and Danny A. Rader, MD; Terri Miles, RN; John/Jane Doe, MD; Jane Doe, R.N.; John/Jane Doe, Pharmacist; John/Jane Doe, Pharmacy Technician; John Doe, Agency/Corporation, Third Party Defendants. Charleston Area Medical Center, Incorporated, Plaintiff-Appellant, and St. Paul Fire & Marine Insurance Company, Intervenor/Plaintiff, v. Parke-Davis, a division of Warner Lambert; Pfizer, Incorporated, its successor by merger, Defendants-Appellees. Danny A. Rader, MD; Terri Miles, RN; John/Jane Doe, MD; Jane Doe, R.N.; John/Jane Doe, Pharmacist; John/Jane Doe, Pharmacy Technician; John Doe, Agency/Corporation, Third Party Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: July 26, 2005.

Attorney(s) appearing for the Case

Diana Everett, Steptoe & Johnson, P.L.L.C., Charleston, West Virginia, for Appellants.

Shawn Patrick George, George & Lorensen, P.L.L.C., Charleston, West Virginia, for Appellee.

Amy M. Smith, Steptoe & Johnson, P.L.L.C., Clarksburg, West Virginia, for Appellants.

Before WIDENER, WILKINSON, and NIEMEYER, Circuit Judges.

Vacated and remanded with instructions by published PER CURIAM opinion.

OPINION

PER CURIAM.

I.

The judgment of the District Court entered December 14, 2001, allowed plaintiff Charleston Area Medical Center, Inc. to recover from the defendants, Parke-Davis and Pfizer, Inc., the amount of $1.75 million as contribution for a portion of the $2.5 million settlement paid by Charleston Area Medical Center to the family of the victim. Charleston...

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