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GOULD v. U.S. DEPT. OF HEALTH & HUMAN SERVICES

No. 88-3091.

905 F.2d 738 (1990)

Regis Ann GOULD, as Parent Guardian and next of friend of Aaron Russell Gould and Adrienne Marie Gould, Regis Ann Gould, as Special Administrator of the Estate of Gary Francis Gould; Regis Ann Gould, Plaintiffs-Appellants, v. U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES; Public Health Service, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 8, 1990.

As Amended June 18, 1990.

Attorney(s) appearing for the Case

Joseph Cornelius Ruddy, Jr., Hyattsville, Md., for plaintiffs-appellants.

Lowell V. Sturgill, Jr., U.S. Dept. of Justice, Washington, D.C., for defendants-appellees.

Breckinridge L. Willcox, U.S. Atty., Juliet A. Eurich, Asst. U.S. Atty., Baltimore, Md., Sally K. Trebbe, Office of the Gen. Counsel, Dept. of Health and Human Services, on brief, Washington, D.C., for defendants-appellees.

Before ERVIN, Chief Judge, and RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE, CHAPMAN, WILKINSON, and WILKINS, Circuit Judges, sitting en banc.

CHAPMAN, Circuit Judge:

Regis Ann Gould filed this action individually, and in the dual capacity as special administrator of the estate of her late husband, Gary Francis Gould, and as a parent guardian and next friend of her minor children, Aaron Russell Gould and Adrienne Marie Gould, seeking damages for the alleged wrongful death of Gary Francis Gould resulting from alleged medical malpractice. The district court granted...

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