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UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF WEST VIRGINIA
In re:
THOMAS HEALTH SYSTEM, INC., et al. Chapter 11
Case No. 20-20007 (FWV) Debtors,1 (Jointly Administered)
NOTICE OF APPEARANCE
I, Bert Ketchum, hereby provide this Notice of Appearance to the Court and request the Clerk’s Office add Amanda Mullins, Individually and as Next Friend and Mother of E. S., a Minor, as an interested party in the above-styled case and to add Bert Ketchum and Larry A. Bailey as counsel for Amanda Mullins, Individually and as Next Friend and Mother of E. S., a minor, and that Bert Ketchum and Larry A. Bailey be added to the service list.
The interest of Amanda Mullins, Individually and as Next Friend and Mother of E. S., a Minor, in the above-styled case is limited, as follows:
Amanda Mullins, Individually and as Next Friend and Mother of E. S., a Minor, was provided medical treatment and care by Debtor, Thomas Health System, Inc. doing business as Thomas Health, their agent, servants and employees, and Debtor, Herbert J. Thomas Memorial Hospital Association doing business as Thomas Memorial Hospital, their agents, servants and employees, which treatment and care has been alleged to have resulted in personal injuries and damages to Amanda Mullins and E. S., a minor.
1 The Debtors in these cases, along with the last four digits of each Debtor’s federal tax identification number are:
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The personal injury and damage claims of Amanda Mullins, Individually and as Next Friend and Mother of E. S., a Minor, are subject to the West Virginia Professional Liability Act (hereinafter called “MPLA”) found at West Virginia Code § 55-7B-1 et seq.
In pursuing the personal injury and damage claims against the Debtors, the Movant has issued a Notice of Claim to Thomas Health System, Inc. doing business as Thomas Health and Herbert J. Thomas Memorial Hospital Association doing business as Thomas Memorial Hospital pursuant to the pre-suit notification requirements found in the MPLA at W. Va. Code
§ 55-7B-6.
Amanda Mullins, Individually and as Next Friend and Mother of E. S., a Minor, is seeking to pursue personal injury and damage claims under the MPLA against Thomas Health System, Inc. doing business as Thomas Health, their agent, servants and employees, and Herbert J. Thomas Memorial Hospital Association doing business as Thomas Memorial Hospital, their agents, servants and employees. Furthermore, Movant is seeking recovery from Thomas Health System, Inc. doing business as Thomas Health, their agent, servants and employees, and Herbert J. Thomas Memorial Hospital Association doing business as Thomas Memorial Hospital, their agents, servants and employees, for only their insurance coverage limits available and applicable to the allegations arising out of and relating to the medical treatment and care rendered to
Amanda Mullins and E. S., a minor.
Respectfully submitted,
/s/ Bert Ketchum
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419 Eleventh Street Post Office Box 2389 Huntington, WV 25724 (304) 525-9115
bert@greeneketchum.com pete@greeneketchum.com
(Counsel for Amanda Mullins, Individually and as Next Friend and Mother of E. S., a Minor)
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UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF WEST VIRGINIA
In re:
THOMAS HEALTH SYSTEM, INC., et al. Chapter 11
Case No. 20-20007 (FWV) Debtors, (Jointly Administered)
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on the 1st day of December, 2020, he served a true and correct copy of the foregoing NOTICE OF APPEARANCE by filing and sending the same, along with the CERTIFICATE OF SERVICE, upon the following and others through the Clerk of the Court using the CM/ECF system:
Counsel for Debtors and Debtors in Possession: Frost Brown Todd LLC
3300 Great American Tower 301 East Fourth Street Cincinnati, OH 45202
513.651.6800 Fax : 513.651.6981
Scott M. Hare
Whiteford Taylor & Preston LLP 200 First Avenue, Third Floor
Pittsburgh, PA 15222 412-275-2399 Fax : 412-275-2406 Email: share@wptlaw.com
Brandy M Rapp
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Richard W. Riley
Whiteford Taylor & Preston LLP The Renaissance Centre, Suite 500
405 North King Street Wilmington, DE 19801-3700
302-357-3265 Fax : 302-357-3286 Email: rriley@wtplaw.com
Michael J. Roeschenthaler Whiteford Taylor & Preston LLP
200 First Avenue, Third Floor Pittsburgh, PA 15222
412-618-5601 Fax : 412-618-5596
Email: MRoeschenthaler@wtplaw.com Daniel R. Schimizzi
Whiteford, Taylor, & Preston LLP 200 First Avenue, Third Floor
Pittsburgh, PA 15222 412-275-2401 Fax : 412-456-2406 Email: dschimizzi@wtplaw.com
Jared M. Tully Frost Brown Todd LLC Laidley Tower - Suite 401
500 Lee Street, East Charleston, WV 25301
(304) 345-0111 Fax : 304-345-0115 Email: jtully@fbtlaw.com
J. Daniel Vorsteg Whiteford Taylor Preston
7 Saint Paul Street Baltimore, MD 21202
410-347-9429 Fax : 410-223-4329 Email: jdvorsteg@wtplaw.com Whiteford, Taylor & Preston, LLP
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Pittsburgh, PA 15222 412.618.5601 Thomas G Wilson Wilson Law Offices PLLC
120 Capitol St Charleston, WV 25301
304-345-5508 Fax : 304-345-5548 Email: tom@wilsonlawpllc.com
Counsel for U.S. Trustee: Gary O. Kinder
U.S. Trustee's Office 300 Virginia Street East
Room 2025 Charleston, WV 25301 Email: gary.o.kinder@usdoj.gov /s/ Bert Ketchum Bert Ketchum (WVSB #6618) Larry A. Bailey (WVSB #211) GREENE, KETCHUM, BAILEY & TWEEL LLP 419 Eleventh Street Post Office Box 2389 Huntington, WV 25724 (304) 525-9115
bert@greeneketchum.com pete@greeneketchum.com
