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LEE v. U.S.

No. 92-2061.

980 F.2d 1337 (1992)

Robert LEE and Angela Lee, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

November 25, 1992.

Attorney(s) appearing for the Case

John R. Westerman and Todd M. Ackley of the Law Offices of John R. Westerman, Chartered, Farmington, N.M., for plaintiffs-appellants.

Don J. Svet, U.S. Atty., Marilyn S. Johnson, Asst. U.S. Atty., Albuquerque, N.M., and Virginia R. Mitz, Atty., Office of Gen. Counsel, U.S. Dept. of Health and Human Services, Washington, D.C., for defendant-appellee.

Before MOORE and TACHA, Circuit Judges, and SAFFELS, Senior District Judge.

MOORE, Circuit Judge.

Plaintiffs Angela and Robert Lee are the parents of the minor child, Georgia Ann Lee. On December 15, 1987, the child allegedly received negligent medical treatment at the Indian Health Service Hospital in Shiprock, Arizona. On July 31, 1989, plaintiff Angela Lee presented a claim for damages to the Department of Health and Human Services (DHHS) on behalf of her daughter. By letter to the DHHS dated December 11, 1990, plaintiffs attempted to...

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