In a product liability action based on injuries plaintiff allegedly sustained by taking defendant's drug, the district court's order dismissing plaintiff's claims against certain defendants and denying plaintiff's motion to remand is reversed where there was sufficient compliance with the Mississippi Tort Claims Act's pre-suit notice requirements to state a claim against the hospital that administered the drug and its physician-employees.
Submitted: August 26, 2009
Decided: January 27, 2010
Opinion by Judge Miner
Blewett W. Thomas, Gulfport, MS