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SCOTT v. U.S.

Nos. 86-4017, 86-4112.

884 F.2d 1280 (1989)

Karen SCOTT and David Scott, husband and wife; and H. Frank Stubbs, as guardian ad litem for Johnathan Scott, Plaintiffs/appellees, v. UNITED STATES of America, Defendant/appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 8, 1989.

Attorney(s) appearing for the Case

William G. Cole, Dept. of Justice, Washington, D.C., for defendant/appellant.

Blair B. Burroughs, Carl A. Taylor Lopez and Jane I. Fantel of Lopez & Fantel, Mills & Cogan, Seattle, Wash., for plaintiffs/appellees.

Before BROWNING, WALLACE and BRUNETTI, Circuit Judges.

BRUNETTI, Circuit Judge:

This is a medical malpractice action brought by Karen and David Scott on behalf of themselves and their son Johnathan for injury sustained to Johnathan Scott during his birth at a military hospital. The action is based on the Federal Tort Claims Act (FTCA). 28 U.S.C. § 1346(b). A bench trial was held to determine liability and damages to be awarded.

I

BACKGROUND

Johnathan Scott is a severely deformed individual...

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