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TOLLIVER v. U.S.

Civ. A. No. 1:92-0453.

831 F.Supp. 558 (1993)

William G. TOLLIVER and Sandra Tolliver, individually and as parent, guardian and next friend of James Wilbert Tolliver, Richard Thomas Tolliver and Kelly Lee Tolliver, infants, Plaintiffs, v. UNITED STATES of America, B. Lucktong, M.D., and Cirilo Z. Villanueva, M.D., Defendants.

United States District Court, S.D. West Virginia, at Bluefield.

September 21, 1993.

Attorney(s) appearing for the Case

David C. Smith, Johnston, Holroyd & Assocs., Princeton, WV, and David L. White, Sanders, Watson & White, Bluefield, WV, for plaintiffs.

Stephen M. Horn, Asst. U.S. Atty., Charleston, WV, for defendants.

OPINION

FABER, District Judge.

This medical malpractice action was filed against the United States under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346, 2671 et seq., on May 18, 1992. The plaintiffs allege that William G. Tolliver sustained severe and permanent injuries due to negligent administration of anesthesia during surgery at the Veterans Administration Medical Center in Beckley, West Virginia (hereinafter Beckley VA Hospital...

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