Evelyn HEINRICH on Behalf of her husband George HEINRICH, Henry M. Sienkewicz, Jr., on behalf of his mother Eileen Rose Sienkewicz, Rosemary Gualtieri on behalf of her father Joseph Mayne, Walter Carl Van Dyke on behalf of his father Walter Carmen Van Dyke, and all others similarly situated, Plaintiffs,
v.
William H. SWEET, M.D., Trustee of the Lee Edward Farr Trust dated 1/11/71, as amended, The Estate of Lee Edward Farr, M.D., Associated Universities, Inc., Massachusetts General Hospital, Massachusetts Institute of Technology, and the United States of America, Defendants.
United States District Court, D. Massachusetts.https://leagle.com/images/logo.png
February 9, 2000.
February 9, 2000.
Attorney(s) appearing for the Case
Anthony Z. Roisman, Cohen, Milstein, Hausfeld & Toll, Washington, DC, John K. McGuire, Jr., McGuire & McGuire, Worcester, MA, Anthony Z. Roisman, Lyme, NH, Martin H. Freeman, Mark A. Freeman, Freeman & Freeman, P.C., Rockville, MD, John M. Clifford, Billie P. Garde, Clifford, Lyons, & Garde, Washington, DC, Raymond J. Heslin, Rubin, Baum, Levin, Constant & Frienman, New York City, Herbert E. Milstein, Cohen, Milstein, Hausfeld & Toll, Washington, DC, for Plaintiffs.
Thomas P. Billings, Karen White Salon, Sally & Fitch, Boston, MA, Joseph L. Doherty, Jr., Raymond J. Kenney, Christopher J. Maley, Katharine S. Perry, Martin, Magnuson, McCarthy & Kenney, Gail A. Anderson, Martin, Magnuson, McCarthy & Kenney, William Shields, Sarah G. Hunt, Day, Berry & Howard, Boston, MA, Kevin T. VanWart, Jerome A. Karnick, Marc J. Zwillinger, Kirkland & Ellis, Kevin T. Van Wart, Jonathan Silverman, Kirkland & Ellis, Chicago, IL, Francis C. Lynch, Lori B. Silver, Constantine Athanas, Palmer & Dodge, Boston, MA, Owen Gallagher, Garrett Harris, Sally A. VanderWeele, Gallagher & Gallagher, P.C., Charlestown, MA, Burke M. Wong, U.S. Dept. of Justice, Torts Branch, Civil Division, Washington, DC, for Defendants.
United States District Court, D. Massachusetts.
MEMORANDUM
YOUNG, Chief Judge.
I. Introduction
Traditionally, the sovereign is immune from claims and suits by its subjects. The United States government is willing to come into its courts and defend against such claims but is unwilling to subject itself to trial by jury. See 28 U.S.C. § 2402. Therefore, so much of this case, as makes a claim against the United States under the Federal Tort Claims Act, has been tried to...
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