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ALLEN v. BROWN CLINIC, P.L.L.P.

No. 07-3181.

531 F.3d 568 (2008)

Edwin ALLEN; Joan Allen, (Spouse), Plaintiffs-Appellants, v. BROWN CLINIC, P.L.L.P., a South Dakota Limited Liability Partnership, doing business as Brown Clinic; Edwin Gerrish, M.D., an individual, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 2, 2008.

Attorney(s) appearing for the Case

David H. Charlip, Hollywood, FL, for appellant.

Reed Alan Rasmussen, Aberdeen, SD, for appellee.

Before LOKEN, Chief Judge, BEAM, and BYE, Circuit Judges.

BYE, Circuit Judge.

Edwin and Joan Allen appeal an adverse jury verdict in a medical malpractice claim against Brown Clinic, P.L.L.P. and Dr. Edwin Gerrish. We affirm.

I

On July 7, 2003, Edwin underwent surgery for a hiatal hernia.1 The surgery was performed at Brown Clinic by Dr. Edwin Gerrish. The evidence discusses two methods of hiatal hernia repair. With the first, an open repair, an incision is made in the stomach...

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