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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND KATHERINE KEYES WEBSTER, Individually and as Mother and Next Friend of AUGUSTIN K. WEBSTER, et al. : : : v. : Civil Action No. DKC 2003-3306

: ALBERT C. SIMMONDS, IV, M.D., et al. : MEMORANDUM OPINION Presently pending and ready for resolution in this medical malpractice case is the motion of all defendants to dismiss. issues are briefed, and the court held an oral hearing The on

December 20, 2004. be denied.

For the reasons that follow, the motion will

This case arises from the birth of Augustin Webster on December 4, 2000. On October 9, 2003, Plaintiffs filed their

Statement of Claim in the Health Claims Arbitration Office (HCAO), together with a document entitled "Certificate of Merit and Report of Expert." The claim named Albert C. Simmonds, IV,

M.D., Simmonds & Simmonds, Chtd., Maternity Center Associates, Ltd., Shady Grove Adventist Hospital, and Adventist Healthcare, Inc. as "Health Care Providers."1 The certificate caption

A "health care provider" is defined as "a hospital, a related institution as defined in

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