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WAFFEN v. U.S. DEPT. OF HEALTH & HUMAN SERVICES

No. 85-1563.

799 F.2d 911 (1986)

Virginia Christine WAFFEN, Appellant, v. The UNITED STATES of America, DEPARTMENT OF HEALTH AND HUMAN SERVICES, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 2, 1986.

Attorney(s) appearing for the Case

Daniel J. Glanz, Alexandria, Va., (Richard J. Mudd, Washington, D.C., on brief) for appellant.

David B. Smith, Trial Atty., U.S. Dept. of Justice, Washington, D.C. (Elsie L. Munsell, U.S. Atty., Nash W. Schott, Asst. U.S. Atty., Alexandria, Va., on brief), for appellee.

Before HALL and ERVIN, Circuit Judges, and SWYGERT, Senior Circuit Judge of the United States Court of Appeals for the Seventh Circuit, sitting by designation.

SWYGERT, Senior Circuit Judge:

This case arises out of the admitted negligence of the National Institutes of Health, Department of Health and Human Services. The United States District Court for the Eastern District of Virginia dismissed the plaintiff's claim that she had been deprived of her chance of survival. For the reasons set out below, we hold that the district court's factual determination that plaintiff failed to prove that the delay in treatment substantially...

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