KENNEDY, Circuit Judge.
The issue in this case is whether a government physician's failure to warn of risks attendant to surgery constitutes a misrepresentation within the meaning of the Federal Tort Claims Act (the Act), so that the patient is barred from bringing suit against the United States. We consider this case en banc to reexamine our earlier decisions bearing on the question.
In July 1973, Ramirez underwent a surgical procedure called a stapedectomy...
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