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ANDREWS EX REL. ANDREWS v. HAYGOOD

No. COA06-1670.

655 S.E.2d 440 (2008)

Katelyn ANDREWS, a minor, Through her Guardian ad Litem, David ANDREWS and David Andrews and Andrea Andrews, Individually, Plaintiffs v. Vanessa P. HAYGOOD, M.D., Individually, and Central Carolina Obstetrics and Gynecology, P.A., a North Carolina Corporation, The Women's Hospital of Greensboro, a North Carolina Not for Profit Corporation and Kim Rickey, RN, Individually, and Jennifer Daley, Individually, Defendants v. North Carolina Department of Health and Human Services, Division of Medical Assistance, Intervenor.

Court of Appeals of North Carolina.

January 15, 2008.

Attorney(s) appearing for the Case

Craig, Brawley, Liipfert & Walker, LLP, by Brent Stephens, Winston-Salem, for plaintiff-appellees.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, LLP, by Timothy P. Lehan; Patterson, Dilthey, Clay, Bryson & Anderson, LLP, by Robert M. Clay and Charles George, Raleigh, for defendant-appellees.

Attorney General Roy A. Cooper, III, by Assistant Attorney General Susannah P. Holloway, for intervenor-appellee.

Wishart Norris Henninger & Pittman, P.A., by Pamela S. Duffy and Molly A. Orndorff, Burlington, for trustee-appellant Charlie D. Brown.

HUNTER, Judge.

Katelyn Andrews ("Katelyn") was injured at birth. Katelyn, through her Guardian ad Litem, brought suit against her doctors and the hospital at which she was delivered for medical malpractice. Katelyn's parents also brought suit against the same parties and on the same allegations in their individual capacities, with an additional claim of negligent infliction of emotional distress. Katelyn and her parents ("plaintiffs") eventually entered into settlement...

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