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GOODMAN v. U.S.

No. 01-35240.

298 F.3d 1048 (2002)

Rollin Paul GOODMAN, in his Individual Capacity, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 2, 2002.

Attorney(s) appearing for the Case

Julie A. Anderson, Lynch, Hensley & Anderson, Wenatchee, WA, for the plaintiff-appellant.

Joseph H. Harrington, Assistant United States Attorney, Spokane, WA, for the defendant-appellee.

Before: B. FLETCHER and GOULD, Circuit Judges, and MURGUIA, District Judge.

GOULD, Circuit Judge.

This case, brought under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 1346 and 2671, raises jurisdictional and substantive issues. JoAnn Goodman, who was diagnosed with incurable melanoma cancer, participated in a clinical research study at the National Institutes of Health ("NIH") and died from a toxic reaction to one of the medicines used in the study. Her husband, Rollin Paul Goodman ("Paul Goodman"), filed an unsuccessful...

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