SCALES v. UNITED STATES

No. 81-1367.

685 F.2d 970 (1982)

Judy Renee SCALES, As Next Friend of Charles Lewis Scales, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 19, 1982.


Attorney(s) appearing for the Case

Edward C. Prado, U. S. Atty., San Antonio, Tex., Eloise E. Davies, Barbara B. Price, Robert S. Greenspan, Attys., Civ. Div., Dept. of Justice, Washington, D. C., for defendant-appellant.

Gibbins & Wash, Bill Zook, Bob Gibbins, Yii-Chwen (Francis) Pan, L. Tonnett Byrd, Austin, Tex., for plaintiff-appellee.

Before THORNBERRY, JOHNSON and GARWOOD, Circuit Judges.


Rehearing and Rehearing En Banc Denied October 19, 1982.

THORNBERRY, Circuit Judge:

Charles Lewis Scales, an infant, sued the United States through his mother, Judy Renee Scales, as next friend under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346, 2671-2680, alleging that he was born with congenital rubella syndrome as a result of the negligent medical treatment his mother received during her basic training for service in the Air Force. Charles...

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