HURLEY v. U.S.

No. 89-2747.

923 F.2d 1091 (1991)

Carolyn HURLEY, individually, and as parent and guardian of James T. McNey, Plaintiff-Appellant, v. UNITED STATES of America; Clinical Data, Inc., a Delaware Corporation, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided January 23, 1991.


Attorney(s) appearing for the Case

George Zacharias Petros, Fisher & Walcek (Kenneth A. Lechter, Fisher & Walcek, on brief), Marlow Heights, Md., for plaintiff-appellant.

Roann Nichols, Asst. U.S. Atty. (Breckinridge L. Willcox, U.S. Atty., on brief), Baltimore, Md., for defendants-appellees.

Before PHILLIPS and MURNAGHAN, Circuit Judges, and SMITH, Senior United States Circuit Judge for the Federal Circuit, sitting by designation.


EDWARD S. SMITH, Senior Circuit Judge:

Carolyn Hurley, individually and as parent and guardian of James T. McNey, sued the United States pursuant to the Federal Tort Claims Act1 alleging medical malpractice by staff personnel at the National Institutes of Health. In this appeal, she claims that defendant breached the standard of care, thereby proximately causing its patient, McNey, to lose a substantial possibility of a successful recovery...

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