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PRIMUS v. U.S.

No. CIV.A.98-10549-RGS.

287 F.Supp.2d 119 (2003)

Sharon PRIMUS v. UNITED STATES of America

United States District Court, D. Massachusetts.

October 23, 2003.

Attorney(s) appearing for the Case

Robert F. Oberkoetter, South Dartmouth, MA, Rosario Mario Rizzo, Attorney at Law, Concord, MA, for Plaintiff.

Mary Elizabeth Carmody, U.S. Attorneys Office, Worcester, MA, for Defendant.

FINDINGS OF FACT, RULINGS OF LAW AND ORDER FOR JUDGMENT AFTER A NON-JURY TRIAL

STEARNS, District Judge.

BACKGROUND

The procedural posture of this medical malpractice case is somewhat unusual. In July of 1998, plaintiff Sharon Primus brought a medical malpractice suit against Dr. Earl Walker, a surgeon and a United States Air Force Colonel (now retired), who had treated her in 1991 and 1992 after she complained of a lump in her right...

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