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BURNS v. OHIO DEPT. OF REHAB. & CORR.

No. 2008-11214-AD.

2009 Ohio 4679

Da'Juan Burns, Plaintiff, v. Ohio Department of Rehabilitation and Correction, Defendant.

Court of Claims of Ohio.

Filed May 18, 2009.

MEMORANDUM DECISION

{¶ 1} Plaintiff, Da'Juan Burns, an inmate incarcerated at defendant's Ohio State Penitentiary ("OSP"), has alleged medical staff at OSP failed to properly treat him for weight loss and gastritis. Plaintiff has alleged a "medical claim" for the purposes of Civ.R. 10(D)(2) without filing the required affidavit of merit.

{¶ 2} A "medical claim" is defined in R.C. 2305.113(E)(3) as "any claim that is asserted...

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