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BORGREN v. U.S.

Civ. A. No. 87-2191-S.

716 F.Supp. 1378 (1989)

Margaret BORGREN, Plaintiff, v. The UNITED STATES of America, Defendant.

United States District Court, D. Kansas.

June 30, 1989.

Attorney(s) appearing for the Case

Jerry R. Palmer, Palmer, Marquardt & Snyder, P.A., Topeka, Kan., for plaintiff.

Benjamin L. Burgess, Jr., U.S. Atty., Richard L. Hathaway, David M. Cooper, Connie R. DeArmond, Asst. U.S. Attys., Topeka, Kan., for defendant.

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This case was tried to the court on April 11 and 12, 1989. Plaintiff brought this medical malpractice action under the Federal Tort Claims Act, 28 U.S.C. §§ 2671 through 2680. Her claim is based on the "loss of chance of survival" theory adopted by the Kansas Supreme Court in Roberson v. Counselman, 235 Kan. 1006, 686 P.2d 149

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