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VOLLENDORFF v. U.S.

No. 91-35435.

951 F.2d 215 (1991)

Nicole VOLLENDORFF, a minor child and her parents Michael and Heidi Vollendorff, a married couple, and Gordon Godfrey, guardian ad litem for Nicole Vollendorff, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 9, 1991.

Attorney(s) appearing for the Case

William G. Cole, U.S. Dept. of Justice, Wash., D.C., for defendant-appellant.

John A. Hoglund, John A. Hoglund, P.S., Olympia, Wash., Charles K. Wiggins, Edwards, Sieh, Wiggins & Hathaway, Seattle, Wash., for plaintiffs-appellees.

Before WRIGHT, FARRIS and TROTT, Circuit Judges.

FARRIS, Circuit Judge:

The United States appeals the district court's judgment, following a bench trial, in favor of Nicole Vollendorff, her parents Michael and Heidi Vollendorff, and Gordon Godfrey, Nicole's guardian ad litem, on their claim under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b) and 2671, et seq. We affirm.

I

On August 6, 1987, when Nicole Vollendorff was 19 months old, she ingested Chloroquine, a malarial prophylactic...

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