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HUTCHINSON v. U.S.

No. 89-15789.

915 F.2d 560 (1990)

Timothy HUTCHINSON, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 2, 1990.

Attorney(s) appearing for the Case

Daniel U. Smith, Kentfield, Cal., and Robert U. Bokelman, Cartwright, Slobodin, Bokelman, Borowsky, Wartnick, Moore & Harris, Inc., San Francisco, Cal., for plaintiff-appellant.

George Chris Stoll, Asst. U.S. Atty., San Francisco, Cal., for defendant-appellee.

Before CHOY, WIGGINS and LEAVY, Circuit Judges.

WIGGINS, Circuit Judge:

Timothy Hutchinson appeals the district court's judgment in favor of the United States in his medical malpractice action brought under the Federal Tort Claims Act. The district court found that Hutchinson failed to carry his burden of showing that a reasonably informed person in his situation would have withheld consent to the use of Prednisone, the drug administered to Hutchinson to alleviate his asthma but which caused aseptic necrosis in...

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