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LEBRON v. U.S.

No. 00-51101.

279 F.3d 321 (2002)

Antonio LEBRON, et al., Plaintiffs-Appellees, v. UNITED STATES of America, et al., Defendants, United States of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 15, 2002.

Attorney(s) appearing for the Case

Michael Ernest John Archuleta (argued), William O. Whitehurst, Michelle Mei-Hsue Cheng, Whitehurst, Harkness, Ozmun & Archeluta, Austin, TX, for Plaintiffs-Appellees.

Steve I. Frank (argued), Robert S. Greenspan, U.S. Dept. of Justice, Civ. Div., App. Staff, Washington, DC, for Defendant-Appellant.

Before DAVIS and JONES, Circuit Judges, and BARBOUR, District Judge.

EDITH H. JONES, Circuit Judge:

Carmen and Antonio Lebron sued the United States individually and as next friends of their daughter, Karina, under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b), 2671 et seq., for damages suffered as a result of an Army doctor's medical malpractice at Fort Hood, Texas. The doctor's negligent delivery of Karina left her with severe, permanent brain damage. The Government admitted liability but contested damages...

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