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YAKO v. U.S.

No. 88-4034.

891 F.2d 738 (1989)

Marie YAKO, as Guardian and Natural Mother of Daniel Yako, a minor and Marie Yako, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 11, 1989.

Attorney(s) appearing for the Case

William G. Cole, Dept. of Justice, Civ. Div., Washington, D.C., for defendant-appellant.

Jeffrey M. Feldman, Gilmore & Feldman, Eric T. Sanders, Young & Sanders, Anchorage, Alaska, for plaintiffs-appellees.

Before O'SCANNLAIN, LEAVY and TROTT, Circuit Judges.

LEAVY, Circuit Judge:

OVERVIEW

The appellee, Marie Yako (Mrs. Yako), brought this action for medical malpractice under the Federal Tort Claims Act (the FTCA), 28 U.S.C. § 1346(b) and §§ 2671-2680 (1982 & Supp. V 1987). She claimed Dr. Donn G. Kruse (Dr. Kruse), a physician at a United States Public Health Service hospital in Bethel, Alaska, failed to diagnose meningitis in her two and one-half...

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