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STATE EX REL. WV UNIV. HOSP. v. SCOTT

No. 21-0230.

866 S.E.2d 350 (2021)

STATE of West Virginia, EX REL. WEST VIRGINIA UNIVERSITY HOSPITALS, INC., Petitioner, v. The Honorable Cindy S. SCOTT, Judge of the Circuit Court of Monongalia County, West Virginia, and A.F., a Minor, by and through Her Next Friends, Sarah F. and Daniel F., Individually, Respondents.

Supreme Court of Appeals of West Virginia.

Filed: November 22, 2021.

Concurring and Dissenting Opinion of Justice Wooton November 23, 2021.

Attorney(s) appearing for the Case

Christine S. Vaglienti , Assistant VP/Senior Litigation Counsel, West Virginia United Health System, Inc., Morgantown, West Virginia, Attorney for Petitioner.

Michael G. Simon , Kevin M. Pearl , Frankovitch, Anetakis, Simon, Decapio & Pearl, LLC, Weirton, West Virginia, Alan H. Perer , Swensen & Perer, Pittsburgh, Pennsylvania, Attorneys for Respondents, A.F., Sarah F., and Daniel F.

Thomas J. Hurney, Jr. , Blair E. Wessels , Jackson Kelly PLLC, Charleston, West Virginia, Attorneys for Amici Curiae, The West Virginia Hospital Association, The West Virginia Mutual Insurance Company, a Magmutual Company, and The West Virginia State Medical Association.

This case was brought as a writ of prohibition under the original jurisdiction of this Court by Petitioner West Virginia University Hospitals, Inc. ("WVUH"). The Respondents, A.F. and Sarah F. and Daniel F., individually and as next friends of A.F., ("Respondents"), filed their original complaint in April of 2020, in which...

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