John Hopkins Hospital Case Analysis

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICTSTATE OF MARYLAND *IN THE KANWE WEST,* Plaintiff*

  1. *Civil Action No.

JOHN HOPKINS HOSTPITAL, ET AL* Defendants*

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  1. *CIRCUIT COURT

QONTA WADDELL*FOR BALTIMORE CITY *CRIMINAL DIVISION ***********

PLAINTIFF’S MOTION TO REMAND DISMISS

Plaintiff, Kanwe WestNOW COMES the Defendant, Qonta Waddell, through his undersigned counselCounsel, Cassandra Costley, Assistant Public Defender, moves that this Honorable Court grant an order to remand this actiondismiss the cases against him, pursuant to 28 U.S.C. Section 1447(c) to the Circuit Court for Baltimore City, Maryland, where this action was filed Rule 4-271 and the Sixth Amendment of the United State’s Constitution. The reasons supporting this motion are set forth in the attached memorandum of law. Respectively Submitted, _______________________________ Anitra B. Washington University of Maryland School of Law 500 W. Baltimore St. October 21, 2014Baltimore, Maryland 21201 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICTSTATE OF MARYLAND *IN THE KANWE WEST,* Plaintiff*

  1. *Civil Action No.

JOHN HOPKINS HOSTPITAL, ET AL* Defendants*

  1. *CIRCUIT COURT

QONTA WADDELL*FOR BALTIMORE CITY *CRIMINAL DIVISION ***********

DISMISS

MEMORANDUM OF LAW IN SUPPORT OF

DEFENDANT’S MOTION TO REMAND

TO THE CIRCUIT COURT FOR BALTIOMOR CITY, MARYLAND

Plaintiff Kanwe West, through his undersigned counsel, movestatement of facts below support that the Defendant has been denied his right to a speedy trial and therefore, is entitled to an order to dismiss by this Honorable Court to remand this action pursuant to 28 U.S.C. 1447(c), submits this memorandum of law in support of its Motion to Remand.

INTRODUCTION

Plaintiff Kanwe West initially filed a single count of lack of consent action against Dr. Taylor Smith and John Hopkins Hospital relating to the surgery performed by Dr. Smith on the Mr. West. Mr. West alleges that the he was never told of the risks of infection/ surgical error prior to consenting to the surgery. Mr. West claims he would not have consented to the procedure had he been fully informed of the risks.

STATEMENT OF UNDISPUTED FACTS

On June 22, 2012, Mr. West had back surgery. The Defendant, Dr. Taylor Smith performed the procedure at John Hopkins Hospital, the No. 1 hospital in Baltimore City, Maryland. Mr. West was permitted to leave the John Hopkins Hospital on June 24, 2012. About two weeks after Mr. West was discharged from John Hopkins Hospital, Mr. West began to have problems with the surgical wound site. Mr. West was taken to an emergency room in Los Angeles, were he diagnosed with an infection by California physicians. After treating the infection with antibiotics,

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