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NWOSU EX REL. IBRAHIM v. ADLER

No. 4D07-686.

969 So.2d 516 (2007)

Osinachi NWOSU, a minor, by and through her father and next friend, Musa IBRAHIM, Appellant, v. Moshe ADLER, M.D., Pediatric Associates, P.A., Kelson Physician Partners, Inc., Kelson Physician Partners of S.E. Florida, Inc., and Roseline Zephirin, Appellees.

District Court of Appeal of Florida, Fourth District.

November 21, 2007.

Attorney(s) appearing for the Case

Law Offices of William C. Ruggiero, Ft. Lauderdale; Law Offices of Jeffrey H. Wolfson, Ft. Lauderdale; Alters, Boldt, Brown, Rash & Culmo, P.A., and Kimberly L. Boldt, and Beth Vogelsang, Boca Raton, for appellant.

Adams, Coogler, Watson, Merkel, Barry & Kellner, P.A., and Jodi G. Barrett, and Peter A. Cooke, West Palm Beach, for appellees.

Before GREEN, CORTIÑAS, and SALTER, Associate Judges.

GREEN, J.

Osinachi Nwosu appeals an order dismissing her medical malpractice complaint with prejudice. The trial court found that the National Childhood Vaccine Injury Compensation Act ("Vaccine Act" or "Act"), 42 U.S.C. §§ 300aa-1 to -34 (2007), barred the action in state court. We reverse based upon our conclusion that this cause of action does not come within the purview of the Act.

According to well-pled allegations of the complaint, Nwosu, who...

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