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HINK v. HELFRICH

No. SC 96371.

545 S.W.3d 335 (2018)

Marilyn HINK, Appellant, v. Loring HELFRICH, M.D., Respondent, and Ly Phan, M.D., Missouri Delta Physicians Services, and Missouri Delta Medical Center, Defendants.

Supreme Court of Missouri, en banc.

Opinion issued May 1, 2018.

Attorney(s) appearing for the Case

Hink was represented by Douglas Ponder and Jaclyn Zimmerman of Ponder Zimmerman LLC in St. Louis, (314) 272-2621.

The medical provider was represented by Ryan J. Gavin and Jenifer C. Snow of Kamykowski, Gavin & Smith PC in St. Louis, (314) 665-3280.

The Missouri Organization of Defense Lawyers, which filed a brief as a friend of the Court, was represented by Timothy C. Sansone and Brett M. Simon of Sandberg Phoenix & von Gontard PC in St. Louis, (314) 231-3332.

Appellant Marilyn Hink appeals the Scott County circuit court's judgment dismissing her medical malpractice case without prejudice for failure to file an "affidavit of merit" under section 538.225.1 She argues section 538.225's affidavit requirement violates Missouri's open courts provision...

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