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FONTENELLE v. UNITED STATES

No. 67 Civ. 545.

327 F.Supp. 801 (1971)

St. Martin FONTENELLE, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, S. D. New York.

June 8, 1971.

Attorney(s) appearing for the Case

Rolnick, Tabak, Ezratty & Huttner, New York City, for plaintiff, Benjamin Siff, New York City, of counsel on the brief.

Whitney North Seymour, Jr., U. S. Atty., for Southern Dist. of New York, for defendant, Richard S. Toder, Asst. U. S. Atty., of counsel.

MEMORANDUM

BONSAL, District Judge.

Plaintiff instituted this action pursuant to the Federal Tort Claims Act (28 U.S.C. § 1346(b)) alleging that he was admitted to the United States Public Health Service Hospital at Stapleton, Staten Island, New York in 1965 where he underwent genital-urinary surgery. Plaintiff contends that while he gave his consent to the surgical procedures, it was not an "informed consent" because he was not told of the possible...

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