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SIMON v. U.S.

No. 88-2141.

891 F.2d 1154 (1990)

Sherman SIMON, Jr., Individually and as next friend of his minor children, Peter Darnell Simon and Keenan Simon, etc., Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 16, 1990.

Attorney(s) appearing for the Case

Olen Kenneth Dodd, Asst. U.S. Atty., Bob Wortham, U.S. Atty., Beaumont, Tex., Anthony R. Sherr, Torts Branch, Civil Div., Dept. of Justice, Robert S. Greenspan, Civil Div., Appellate Staff, Dept. of Justice, Washington, D.C., for defendant-appellant.

Richard Clarkson, Gilbert T. Adams, Jr., Beaumont, Tex., for plaintiff-appellee.

W.V. Dunnam, Jr., Waco, Tex., for amicus curiae Eugene and Dora Owen.

Before CLARK, Chief Judge, BROWN and JOLLY, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

A judgment for $1,061,656.01 was entered against the United States under the Federal Tort Claims Act in a suit for medical malpractice brought by the family of a patient who died after surgery at an Army hospital in Louisiana. The United States filed a motion to alter or amend the judgment, claiming that the Louisiana Medical Malpractice Act, which limits to $500,000 the damages that can be recovered for medical malpractice, applies...

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