O'MARA v. WAKE FOREST UNIVERSITY

No. COA06-1067.

646 S.E.2d 400 (2007)

Joseph O'MARA, a minor, by and through his Guardian Ad Litem, Larry Reavis; and Janella O'Mara, Plaintiffs. v. WAKE FOREST UNIVERSITY HEALTH SCIENCES; North Carolina Baptist Hospital; Forsyth Memorial Hospital, Inc., and Novant Health, Inc., Defendants.

Court of Appeals of North Carolina.

July 3, 2007.


Attorney(s) appearing for the Case

Law Offices of Wade E. Byrd, P.A., by Wade E. Byrd; and The Lawing Firm, P.A., by Sally A. Lawing, for plaintiff-appellants.

Wilson & Coffey, L.L.P., by Tamura D. Coffey, and Linda L. Helms, Winston-Salem, for defendant-appellees.

White & Stradley, LLP, by J. David Stradley, Raleigh, for Amicus Curiae North Carolina Academy of Trial Lawyers.

Yates, McLamb, & Weyher, L.L.P., by John W. Minier, Maria C. Papoulias, and Oliver G. Wheeler, IV, Raleigh, for Amicus Curiae North Carolina Association of Defense Attorneys.


LEVINSON, Judge.

The present appeal arises from a medical malpractice action. Plaintiffs appeal from a judgment and order decreeing that they recover nothing from defendants, and taxing the costs of the action against plaintiffs. We affirm in part and reverse in part.

Plaintiff Janella O'Mara (Janella) is the mother of plaintiff Joseph O'Mara (Joseph), born 28 July 2001 at defendant Forsyth Memorial Hospital (the hospital). Joseph, who is profoundly disabled...

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