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GARFIELD MEMORIAL HOSPITAL v. MARSHALL

Nos. 10984, 10808.

204 F.2d 721 (1953)

GARFIELD MEMORIAL HOSPITAL v. MARSHALL et al. MARSHALL et al. v. O'DONNELL

United States Court of Appeals District of Columbia Circuit.

Decided April 30, 1953.

Attorney(s) appearing for the Case

Mr. H. Mason Welch, Washington, D. C., with whom Messrs. John R. Daily and J. Harry Welch, Washington, D. C., were on the brief, for appellee in Case No. 10,808 and on the brief for appellant in Case No. 10,984.

Mr. James W. Lauderdale, Washington, D. C., with whom Messrs. Manuel J. Davis and Karl Michelet, Washington, D. C., were on the brief, for appellants in Case No. 10,808 and on the brief for appellees in Case No. 10,984.

Before WILBUR K. MILLER, PROCTOR and FAHY, Circuit Judges.

WILBUR K. MILLER, Circuit Judge.

Noel Frances Marshall suffered an injury which produced an intracranial hemorrhage when she was prematurely born in Garfield Memorial Hospital January 23, 1947. As a result she is in a spastic condition, ninety per cent deficient and incurable. Through her father, George C. Marshall, as next friend, she sued the hospital, alleging its negligent failure to provide proper care and attention during Mrs. Marshall's labor and delivery caused...

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