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MILLER BY MILLER v. WHITBURN

No. 93-1976.

10 F.3d 1315 (1993)

Tiffany MILLER, by her next friend DeAnna MILLER, Plaintiff-Appellant, v. Gerald WHITBURN, Secretary of the Wisconsin Department of Health and Social Services, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 1, 1993.

Attorney(s) appearing for the Case

T. Christopher Kelly, Madison, WI, G. David Miller, Jr. (argued), Susemihl, Lohman, Kent & McDermott, Walter S. Rouse, Anderson, Campbell & Laugesen, Colorado Springs, CO, for plaintiff-appellant.

Donald P. Johns (argued), Office of the Atty. Gen., Wisconsin Dept. of Justice, Madison, WI, for defendant-appellee.

Before CUDAHY and RIPPLE, Circuit Judges, and ALDISERT, Senior Circuit Judge.

CUDAHY, Circuit Judge.

Tiffany Miller is five years old. She suffers from a condition known as "short-bowel syndrome." As a result of this disability, Tiffany must be fed exclusively through intravenous total parenteral nutrition (TPN), a procedure in which a feeding catheter is placed directly into Tiffany's stomach. Another catheter in her stomach drains all secretions. An undesired byproduct of TPN feeding is progressive liver deterioration. The only way to restore...

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