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NEMMERS v. U.S.

Nos. 85-2360, 85-2486.

795 F.2d 628 (1986)

Ronald J. NEMMERS and Sarah L. Nemmers, parents and next friends of Eric P. Nemmers, Plaintiffs-Appellants — Cross-Appellees, v. UNITED STATES of America, Defendant-Appellee — Cross-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 11, 1986.

Attorney(s) appearing for the Case

Edward R. Durree, Strodel, Kingery & Durree, Assoc., Peoria, Ill., for plaintiffs-appellants — cross-appellees.

Mark D. Stuaan, Asst. U.S. Atty., Peoria, Ill., Gerald D. Fines, U.S. Atty., for defendant-appellee — cross-appellant.

Before BAUER and EASTERBROOK, Circuit Judges, and SWYGERT, Senior Circuit Judge.

EASTERBROOK, Circuit Judge.

Eric Nemmers was born in July 1973, more than three weeks late. His mother had a difficult labor. Her physicians at a naval hospital told her to go home and stay there until she had regular pains, five minutes apart. They performed no tests and prescribed no medicine other than a suppository. When Mrs. Nemmers called to inquire about intense but irregular pains, a nurse told her to stop calling until she had regular pains. After more than...

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