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PRUNCKUN v. DEPT. OF HEALTH & SOCIAL SVCS

Nos. 93, 2018C, 94, 2018C.

201 A.3d 525 (2019)

Edward and Pamela PRUNCKUN, as Parents and Legal Guardians of Robert Prunckun, Plaintiffs-Below, Appellants, v. DELAWARE DEPARTMENT OF HEALTH AND SOCIAL SERVICES, Defendant-Below, Appellee. Malcolm and Dominica Oldham, as Parents and Legal Guardians of Ashlee Oldham, Plaintiffs-Below, Appellants, v. Delaware Department of Health and Social Services, Defendant-Below, Appellee.

Supreme Court of Delaware.

Decided: January 3, 2019.

Attorney(s) appearing for the Case

Francis G.X. Pileggi, Esquire , Brian D. Ahern, Esquire , Eckert Seamans Cherin & Mellott, LLC, Wilmington, Delaware. Of Counsel: Michael P. Flammia, Esquire , Eckert Seamans Cherin & Mellott, LLC, Boston, Massachusetts; Christopher E. Torkelson, Esquire (Argued), Eckert Seamans Cherin & Mellott, LLC, Princeton, New Jersey, for Appellant.

Lauren E. Maguire, Esquire (Argued), Adria B. Martinelli, Esquire , Delaware Department of Justice, Wilmington, Delaware, for Appellee.

Before STRINE, Chief Justice; VALIHURA, VAUGHN, SEITZ, and TRAYNOR, Justices, constituting the Court en Banc.

I. Overview

Ashlee Oldham ("Ashlee") and Robert Prunckun ("Robert") (collectively, "Recipients") are the only two Delaware Medicaid recipients housed at Judge Rotenberg Center ("JRC"), a facility in Massachusetts and the only facility in the United States known to use a skin-shocking device, namely a graduated...

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