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STARNS v. U.S.

Nos. 89-2789 to 89-2791 and 89-2802 to 89-2804.

923 F.2d 34 (1991)

John F. STARNS, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee, and R. Nobarian; Janet Spitzer, Defendants. Jeffrey A. STARNS, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee, and R. Nobarian; Janet Spitzer, Defendants. Beverly STARNS, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee, and R. Nobarian; Janet Spitzer, Defendants. John F. STARNS, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant, and R. Nobarian; Janet Spitzer, Defendants. Jeffrey A. STARNS, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant, and R. Nobarian; Janet Spitzer, Defendants. Beverly STARNS, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant, and Janet Spitzer; R. Nobarian, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided January 9, 1991.

Attorney(s) appearing for the Case

Gwendolyn Jo M. Carlberg, Law Offices of Gwendolyn Jo M. Carlberg, Alexandria, Va., for plaintiffs-appellants.

Richard Alan Olderman, Civ. Div., U.S. Dept. of Justice, Washington, D.C., argued (Stuart M. Gerson, Asst. Atty. Gen., Robert S. Greenspan, Civ. Div., U.S. Dept. of Justice, Washington, D.C., Henry E. Hudson, U.S. Atty., Alexandria, Va., on brief), for defendant-appellee.

Before CHAPMAN, Circuit Judge, BUTZNER, Senior Circuit Judge, and HOUCK, District Judge for the District of South Carolina, sitting by designation.

CHAPMAN, Circuit Judge:

Plaintiffs-appellants John and Beverly Starns and their minor child, Jeffrey, brought a medical malpractice action against the United States under the Federal Tort Claims Act ("FTCA") for negligent care rendered to Jeffrey at the DeWitt Army Community Hospital following his birth. The United States did not contest liability, and the district court awarded damages in the amount of $750,000 (the amount of the Virginia Medical Malpractice Act...

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