State of North Carolina Department of Health & Human Services v. Armstrong ex rel. Gibbs

STROUD, Judge.

Emily, Sandra, and William Armstrong (collectively “the Armstrongs”) filed a motion to abate this lawsuit filed against them by the State of North Carolina Department of Health and Human Services, Division of Medical Assistance because of a prior pending federal court case arising out of the same subject matter. The trial court denied the Armstrongs’ motion, and they appealed. For the following reasons, we reverse.

I. Background

On or about 21 February 2003 the Armstrongs filed a complaint seeking damages for medical malpractice against James Barnes, M.D., Newton Women’s Care,…