HACEESA v. U.S.

No. 01-2252.

309 F.3d 722 (2002)

Beverly HACEESA, individually, and First Financial Trust Company, as Conservator for Shenoel Haceesa, a minor, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 24, 2002.


Attorney(s) appearing for the Case

William G. Cole, Attorney, Appellate Staff, Civil Division, Department of Justice, Washington, DC (Robert S. Greenspan, Attorney, Appellate Staff, Civil Division, Department of Justice, Washington, DC, Robert D. McCallum, Jr., Assistant Attorney General, and David C. Iglesias, United States Attorney, with him on the briefs), for Defendant-Appellant.

James P. Lyle, Law Offices of James P. Lyle, P.C., Albuquerque, NM (Turner W. Branch, Branch Law Firm, Albuquerque, NM, with him on the brief), for Plaintiffs-Appellees.

Before EBEL, McKAY and BRISCOE, Circuit Judges.


EBEL, Circuit Judge.

On the evening of Saturday, April 25, 1998, twenty-five year-old Hardy Haceesa walked into a hospital emergency room complaining of a fever, difficult and painful breathing, chest discomfort, and general achiness. He told the nurse he thought his condition could be the result of exposure to mice. Haceesa was sent home that night, diagnosed with bronchitis and told to check back at the local clinic on Monday. By Tuesday evening, he was dead.

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