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GONZALEZ v. U.S.

No. 00-2352.

284 F.3d 281 (2002)

Catherine GONZALEZ, Individually and as Parent Guardian and Next Friend of the Minor Child Kiana Rios, Plaintiff, Appellant, v. UNITED STATES of America, Defendant, Appellee. Lawrence General Hospital, Swadesh Mullick, Michael Robbins, Laurel A. Ruzicka, Steven D. Stovitz, Blaire Roberts, and Rosamunde Ebacher, Defendants.

United States Court of Appeals, First Circuit.

Decided April 1, 2002.

As Corrected May 8, 2002.

Attorney(s) appearing for the Case

Sidney Gorovitz, with whom Perlman, Gorovitz & Borten was on brief for appellant.

Gina Y. Walcott-Torres, Assistant United States Attorney, with whom Donald K. Stern, United States Attorney, was on brief for appellee.

Before BOUDIN, Chief Judge, BOWNES, Senior Circuit Judge, and LIPEZ, Circuit Judge.

BOWNES, Senior Circuit Judge.

This is a medical malpractice case brought by plaintiff-appellant, Catherine Gonzalez, individually and on behalf of her daughter, Kiana Rios, who was born with various health problems on October 27, 1995. The district court dismissed the suit against the defendant-appellee United States because the plaintiff failed to file a timely administrative claim as required pursuant to the Federal Tort Claims Act ("FTCA"), 28 U.S.C. § 2401...

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