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DUPLAN v. HARPER

Nos. 97-6344, 97-6348.

188 F.3d 1195 (1999)

Roseanne DUPLAN, an individual and next friend of Zachary Duplan, a minor; Michael Duplan, an individual; Zachary Duplan, a minor by his next friend Roseanne Duplan, Plaintiffs-Appellees and Cross-Appellants, v. Clio HARPER, an individual; Vinay Bhoplay, an individual; Teresa Gerlich, an individual; Francis L. Perry; Med-National Inc., Defendants-Appellees, United States of America, Defendant-Appellant and Cross-Appellee, and Sharon H. Baker, Major U.S. Air Force, an individual; Elizabeth Reed, an individual; Carrie R. Hancock, an individual; N. Suzanne Fisher, an individual, Defendants.

United States Court of Appeals, Tenth Circuit.

August 11, 1999.

Attorney(s) appearing for the Case

Edward Himmelfarb (Robert S. Greenspan and Marc Richman on brief), United States Department of Justice, Washington, D.C., for Defendant-Appellant.

William A. Newman, Morgan & Weisbrod (Les Weisbrod, Morgan & Weisbrod, and Andrew W. Lester and Shannon Davies, Lester, Loving & Davies, Edmond, Oklahoma, on brief), Dallas, Texas, for Plaintiffs-Appellees.

Hilton H. Walters (John M. Perry III on brief), Perry, Rife, Walters, Sullivan & Cain, Oklahoma City, Oklahoma, for Intervenor.

Before SEYMOUR, MAGILL, and EBEL, Circuit Judges.

MAGILL, Circuit Judge.

This appeal concerns a wrongful birth, medical malpractice action brought by Michael and Roseanne Duplan under the Federal Tort Claims Act for treatment provided to Mrs. Duplan at an Air Force clinic. The district court, after a bench trial, found in favor of the Duplans and awarded them more than $3 million in damages. The United States appeals the district court's determinations that (1) Dr. Clio Harper, the contract doctor who treated Mrs...

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