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WILSON v. BIG SANDY HEALTH CARE, INC.

No. 08-5746.

576 F.3d 329 (2009)

Melissa WILSON; Josh Wilson; the Estate of Nicholas Hunter Wilson, Plaintiffs-Appellants, v. BIG SANDY HEALTH CARE, INC., d/b/a Physicians for Women; Angela K. Maggard, M.D.; Joanna Santiesteban, M.D.; Unknown Defendants, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 11, 2009.

Attorney(s) appearing for the Case

ARGUED: H. Michael Lucas, Miller Kent Carter & Michael Lucas, PLLC, Pikeville, Kentucky, for Appellants. Jeffrey A. Clair, United States Department of Justice, Washington, D.C., for Appellees. ON BRIEF: H. Michael Lucas, Miller Kent Carter & Michael Lucas, PLLC, Pikeville, Kentucky, for Appellants. Jeffrey A. Clair, United States Department of Justice, Washington, D.C., for Appellees.

Before: BATCHELDER, DAUGHTREY, and MOORE, Circuit Judges.

OPINION

MARTHA CRAIG DAUGHTREY, Circuit Judge.

Following the removal of this medical malpractice action to federal court from the state courts of Kentucky, the district judge granted motions filed by the defendants, Big Sandy Health Care, Inc., Angela K. Maggard, M.D., and Joanna Santiesteban, M.D., to substitute the United States of America as the sole party defendant and to dismiss this action for failure to exhaust administrative remedies. The plaintiffs...

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