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STATE EX REL. PRIMECARE v. FAIRCLOTH

No. 18-1071.

835 S.E.2d 579 (2019)

STATE of West Virginia EX REL. PRIMECARE MEDICAL OF WEST VIRGINIA, INC., Petitioner v. The Honorable Laura V. FAIRCLOTH, Judge of the Circuit Court of Berkeley County; The Estate of Cody Lawrence Grove; Joshua David Zombro; and The West Virginia Regional Jail and Correctional Facility Authority, Respondents.

Supreme Court of Appeals of West Virginia.

Filed: November 12, 2019.

Attorney(s) appearing for the Case

Mark R. Simonton, Esq. , D.C. Offutt, Jr., Esq. , Anne Liles O'Hare, Esq. , Offutt Nord Ashworth, PLLC, Huntington, West Virginia, Counsel for the Petitioner.

Paul G. Taylor, Esq. , Law Office of Paul G. Taylor, Martinsburg, West Virginia, Counsel for the Respondent Estate of Cody Lawrence Grove.

Michael W. Taylor, Esq. , James W. Marshall III, Esq. , Bailey & Wyant, PLLC, Charleston, West Virginia, Counsel for the Respondent Joshua David Zombro.

Anthony J. Delligatti, Esq. , Matthew R. Whitler, Esq. , Pullin, Fowler, Flanagan, Brown & Poe, PLLC, Martinsburg, West Virginia, Counsel for the Respondent West Virginia Regional Jail and Correctional Facility Authority.

The West Virginia Medical Professional Liability Act (the "MPLA") says that no person may file a medical professional liability action against a health care provider unless he or she first serves a notice of claim on every health care provider that he or she will join in the action. W. Va. Code § 55-7B-6 [2003...

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