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BLANKENSHIP v. ETHICON, INC.

No. 33224.

656 S.E.2d 451 (2007)

Donna Joan BLANKENSHIP, An Individual, et al., Plaintiffs Below, Appellants, v. ETHICON, INC., A New Jersey Corporation, et al., Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided October 12, 2007.

Concurring in Part and Dissenting in Part Opinion of Starcher December 26, 2007.

Attorney(s) appearing for the Case

Marvin W. Masters, The Masters Law Firm, lc, Charleston, WV, for Appellants.

Thomas J. Hurney, Jr., Laurie K. Miller, Jackson Kelly P.L.L.C., Charleston, WV, for Appellee, Herbert J. Thomas Memorial Hospital Association.

Richard D. Jones, Amy R. Humphreys, Flaherty Sensabaugh & Bonasso, P.L.L.C., Charleston, WV, for Appellee, Charleston Area Medical Center, Inc.

DAVIS, Chief Justice.

The Appellants, plaintiffs in the action below, who received medical treatment involving the implantation of contaminated sutures as patients at two hospitals named as defendants below, appeal the dismissal of their action against the defendant hospitals for failure to provide pre-suit notices and certificates of merit as required by the Medical Professional Liability Act, See W. Va. Code § 55-7B-6(b) (2001) (Supp.2002).

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