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LIEBSACK v. U.S.

Nos. 11-35158, 11-35479, 11-35535.

731 F.3d 850 (2013)

James LIEBSACK, as guardian for Madlyn Liebsack; Jon Liebsack, co-personal representatives of the Estate of Madlyn Liebsack, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee. James Liebsack, as guardian for Madlyn Liebsack; Jon Liebsack, co-personal representatives of the Estate of Madlyn Liebsack, Plaintiffs-Appellants, v. United States of America, Defendant-Appellee. Jon Liebsack, co-personal representative of the Estate of Madlyn Liebsack, Plaintiff-Appellant, James Liebsack, as guardian for Madlyn Liebsack, Plaintiff-Appellee, v. United States of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 23, 2013.

Attorney(s) appearing for the Case

Christian N. Bataille (argued), Flanigan & Bataille, Anchorage, AK, for Plaintiffs-Appellants/Cross-Appellee.

Stuart F. Delery , Acting Assistant Attorney General, Thomas M. Bondy , Daniel J. Lenerz (argued), Attorneys, Appellate Staff, Civil Division. United States Department of Justice, Washington, D.C., Karen Loeffler , United States Attorney, Anchorage, AK, for Defendant-Appellee/Cross-Appellant.

Before: A. WALLACE TASHIMA, RICHARD C. TALLMAN, and N. RANDY SMITH, Circuit Judges.

OPINION

TASHIMA, Circuit Judge:

Madlyn Liebsack suffered from a schizoaffective disorder that was treated, in part, with lithium. In 2002, she had a heart attack due to an elevated level of lithium in her bloodstream and was left in a permanent vegetative state. Her guardian, Edward Liebsack, sued the United States under the Federal Tort Claims Act ("FTCA"), asserting that federal healthcare providers negligently...

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