Ex parte Bio-Medical Applications of Alabama, Inc.

Providence Hospital and Bio-Medical Applications of Alabama, Inc., d/b/a BMA Magnolia a/k/a Fresenius Medical Care Magnolia Grove (hereinafter referred to collectively as “the defendants”) separately petitioned this Court for a writ of mandamus directing the Mobile Circuit Court to enter a summary judgment in their favor. Because we conclude that the wrongful-death action filed against the defendants is a nullity, we grant the petitions.

Pamela G. Howard (“Pamela”) died on September 24, 2012. One of Pamela’s sons, Michael Darrick Howard (“Darrick”), petitioned the probate court to probate her…