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SHULER v. GARRETT

No. 12-6270.

743 F.3d 170 (2014)

Robert L. SHULER, and Pauline Shuler Lewis, natural children and heirs at law of decedent Pauline Sloan Shuler; The Estate of Pauline Sloan Shuler, Plaintiffs-Appellants, v. H. Edward GARRETT, Jr., M.D.; Eva G. Proctor, M.D.; Cardiovascular Surgery Clinic, PLLC; Stern Ownership Group LLC, dba The Stern Cardiovascular Center; Baptist Memorial Health Care Corporation, dba Baptist Memorial Hospital-Memphis; Frank A. McGrew, M.D., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 14, 2014.

Attorney(s) appearing for the Case

ARGUED: Rachael E. Putnam , Putnam Firm PLC, Memphis, Tennessee, for Appellants. Buckner Wellford , Memphis, Tennessee, for Appellees. ON BRIEF: Rachael E. Putnam , Austin T. Rainey , Putnam Firm PLC, Memphis, Tennessee, for Appellants. Buckner Wellford , Shannon Wiley , Memphis, Tennessee, William H. Haltom, Jr. , Claire M. Cissell , Memphis, Tennessee, William W. Dunlap, Jr. , Tabitha F. McNabb , Laura S. Martin , Memphis, Tennessee, for Appellees.

Before: COOK and STRANCH, Circuit Judges; CARR, District Judge.

OPINION

STRANCH, Circuit Judge.

Pauline Sloan Shuler died in the Intensive Care Unit of Baptist Memorial Hospital-Memphis on June 23, 2011. Her heirs sued her doctors, the hospital, and the clinic where she had been receiving treatment, alleging Shuler had died from an allergic reaction to heparin (an anticoagulant) injections that had been administered despite her objections. The Shulers claimed negligence and medical battery. The district court, construing...

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