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West v. Men's Focus Health Ctrs. of Ga. Inc.

The grant of plaintiff's motion for relief from defendants' automatic bankruptcy stay validated plaintiffs' underlying medical malpractice suit.

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Henry West and his wife appeal an order of the State Court of Fulton County dismissing their renewal action against Men’s Focus Health Centers of Georgia, Inc. Men’s Focus. The state court dismissed the renewal action on grounds that the original action was filed in violation of an automatic federal bankruptcy stay provided by 11 USC § 362 and was, therefore, void. We conclude that the original action was not void. Consequently, we reverse.

Henry West sought treatment for “erectile concerns” at the Center for Men’s Health, Inc. now Men’s Focus. He was treated by medical personnel acting under the direction or control of Dr. William Harper. Within the two year statute of limitation applicable to medical malpractice actions, West and his wife sued Men’s Focus and Harper alleging that their medical malpractice caused West to become totally impotent. Unbeknownst to the Wests, Men’s Focus was then involved in a federal bankruptcy action. After being alerted to the pendency of the bankruptcy proceeding, the Wests moved for relief from the bankruptcy’s automatic stay to prosecute their medical malpractice action against Men’s Focus to the extent of available liability insurance. Although the bankruptcy court granted the motion, the Wests later dismissed the action without prejudice after expiration of the statute of limitation.

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