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KINNEY-LINDSTROM v. MEDICAL CARE AVAILABILITY AND REDUCTION OF ERROR FUND

No. 18 M.D. 2007.

970 A.2d 1206 (2009)

Lisa KINNEY-LINDSTROM as Parent and Natural Guardian of Samantha Lindstrom, a Minor, and Alec Lindstrom, a Minor, and as the Assignee of Dr. S., Petitioner v. MEDICAL CARE AVAILABILITY AND REDUCTION OF ERROR FUND, Successor in Interest to the Medical Professional Liability Catastrophe Loss Fund, Respondent.

Commonwealth Court of Pennsylvania.

Ordered Published April 2, 2009.

As Amended April 29, 2009.

Attorney(s) appearing for the Case

James J. McEldrew, III, Philadelphia, for petitioner.

Elit R. Felix, II, Philadelphia, for respondent.

OPINION BY Senior Judge FRIEDMAN.

The Medical Care Availability and Reduction of Error Fund (MCARE Fund) has filed a motion for summary judgment (Motion) in connection with the petition for review filed by Lisa Kinney-Lindstrom (Parent) as Parent and Natural Guardian of Samantha Lindstrom, a Minor, and Alec Lindstrom, a Minor, and as the Assignee of Dr. S. in this court's original jurisdiction. We grant the Motion in part and deny the Motion in part.

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