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ROMERO BY ROMERO v. U.S.

No. 91-2010.

954 F.2d 223 (1992)

Joshua ROMERO, a minor, by his father and next friend, Clifford A. ROMERO; Clifford A. Romero; Roxanna A. Romero, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 17, 1992.

As Amended March 2, 1992.

Attorney(s) appearing for the Case

Ashley Joel Gardner, Shulman, Rogers, Gandal, Pordy & Ecker, P.A., Rockville, Md., argued (Walter A. Oleniewski, on brief), for plaintiffs-appellants.

Loretta King, Civ. Div., U.S. Dept. of Justice, Washington, D.C., argued (Stuart M. Gerson, Asst. Atty. Gen., Roger D. Einerson, Asst. Director, Torts Branch, Civ. Div., U.S. Dept. of Justice, Washington, D.C., Henry E. Hudson, U.S. Atty., Dennis Szybala, Asst. U.S. Atty., Alexandria, Va., on brief), for defendant-appellee.

Before SPROUSE, Circuit Judge, SPENCER, District Judge for the Eastern District of Virginia, sitting by designation, and HERLONG, District Judge for the District of South Carolina, sitting by designation.

OPINION

SPROUSE, Circuit Judge:

Clifford and Roxanna Romero, husband and wife, were active duty members of the United States military service at the time Roxanna received prenatal medical care from government personnel. Together, with their son Joshua (by his next friend), they filed suit against the United States under the Federal Tort Claims Act (FTCA)1 alleging that as a result of...

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