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KEIR v. U.S.

No. 87-5586.

853 F.2d 398 (1988)

Karen KEIR and Mary Keir, Individually, and as Next Friend and Mother of Karen Keir, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided July 22, 1988.

Rehearing Denied September 8, 1988.

Attorney(s) appearing for the Case

C.J. Gideon, Jr. (argued), North & Gideon, Nashville, Tenn., for plaintiffs-appellants.

Joe B. Brown, U.S. Atty., Nashville, Tenn., Douglas Thoreson (argued), for defendant-appellee.

Before MILBURN and BOGGS, Circuit Judges, and ALDRICH, District Judge.

MILBURN, Circuit Judge.

Plaintiffs Karen and Mary Keir appeal from the judgment of the district court in favor of defendant United States of America in this medical malpractice action under the Federal Tort Claims Act ("FTCA"). For the reasons that follow, we reverse the judgment of the district court and remand for further proceedings consistent with this opinion.

I.

This litigation arises out of a course of events ending in plaintiff Karen Keir...

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