Goetz v. North Carolina Department of Health & Human Services

HUNTER, Robert C., Judge.

The North Carolina Department of Health and Human Services (“defendant”) appeals, and Andrew and Catherine Goetz (“plaintiffs”) cross-appeal, from a 6 May 2009 Decision and Order of the Full Industrial Commission (“Full Commission”) which incorporates the Full Commission’s 29 August 2005 Decision and Order relating to procedure and causation and affirms the 2 September 2008 decision of the Deputy Commissioner awarding damages to plaintiffs.

This case arises out of a dispute regarding the causation of a child’s mental retardation and the timeliness of plaintiffs’ claim…