GRUBB v. U.S.

No. 88-3003.

887 F.2d 1230 (1989)

William F. GRUBB, III, Administrator, CTA of the Estate of Major William F. Grubb, Jr., USA, Ret., Deceased, Plaintiff-Appellee, and Lily S. Grubb, Plaintiff, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 23, 1989.


Attorney(s) appearing for the Case

Jerome Anthony Madden (John R. Bolton, Asst. Atty. Gen., Washington, D.C., Vinton Devane Lide, U.S. Atty., Columbia, S.C., Jeffrey Axelrad, Director, Torts Branch, Civ. Div., U.S. Dept. of Justice, Washington, D.C., on brief), for defendant-appellant.

William Paul Harper, Jr. (Hardee & Harper, Raleigh, N.C., R. Frank Plaxco, Leatherwood, Walker, Todd & Mann, Greenville, S.C., Robert R. Smiley, III, Smiley & Mineo, Charleston, S.C., on brief) for plaintiff-appellee.

Before RUSSELL and PHILLIPS, Circuit Judges, and KNAPP, United States District Judge for the Southern District of West Virginia, sitting by designation.


DONALD RUSSELL, Circuit Judge:

This is a medical malpractice action by the administrator of the estate of a deceased retired military officer against the United States under 28 U.S.C. § 1346(b) and §§ 2671, et seq. It is the administrator's contention that the decedent died as a proximate result of negligence during a heart operation performed by Commander Donal Billig at Bethesda Naval Hospital in Bethesda, Maryland. The United States admitted...

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