LABASH v. UNITED STATES DEPT. OF ARMY

No. 80-1799.

668 F.2d 1153 (1982)

Frank T. LABASH, individually, George F. Labash, as guardian and next friend of Frank T. Labash, and George F. Labash and Mieko Labash, individually, Plaintiffs-Appellants, v. The UNITED STATES DEPARTMENT OF the ARMY, the United States Department of Defense, and the United States of America, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided January 13, 1982.

Certiorari Denied June 1, 1982.


Attorney(s) appearing for the Case

James B. Blevins, Oklahoma City, Okl., for plaintiffs-appellants.

Larry D. Patton, U. S. Atty., W. D. Okl., John E. Green, First Asst. U. S. Atty., Oklahoma City, Okl., Major J. Thomas Holloman, JAGC, Dept. of the Army, Washington, D. C., of counsel, for defendants-appellees.

Before DOYLE, BREITENSTEIN and McKAY, Circuit Judges.


Certiorari Denied June 1, 1982. See 102 S.Ct. 2299.

McKAY, Circuit Judge.

While serving in the United States Army, Frank LaBash was admitted to the United States Army Hospital, Landstuhl, Germany, for diagnosis of a medical problem. In the course of treatment, hospital employees administered to him a medication not intended for human use. Shortly thereafter Mr. LaBash lapsed into a coma from which he never emerged; he died some months later at a stateside...

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