HERNANDEZ v. UNITED STATES

Civ. A. No. C-5130.

383 F.Supp. 168 (1974)

Bertha B. HERNANDEZ, Individually and as Executrix of the Estate of Andres B. Hernandez, Deceased, et al., Plaintiffs, v. The UNITED STATES of America, Defendant.

United States District Court, D. Colorado.

October 3, 1974.


Attorney(s) appearing for the Case

Earle H. Warner, Lakewood, Colo., for plaintiffs.

James L. Treece, U. S. Atty., Denver, Colo., for defendant.


MEMORANDUM OPINION

ARRAJ, Chief Judge.

Plaintiff seeks recovery under the Federal Tort Claims Act (specifically, 28 U.S.C. § 1346), for the wrongful death of her husband. She alleges that agents and employees of the Denver Veterans Administration Hospital were negligent in failing to discover or disclose the presence of malignant cells in tissue removed from decedent's stomach during exploratory surgery...

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