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QUIJANO v. U.S.

No. 02-50095.

325 F.3d 564 (2003)

Alfred QUIJANO, Sr., Individually and on behalf of the Estate of Cristina Quijano, Deceased; Michael Quijano, and all other persons entitled to assert a claim pursuant to the Texas Wrongful Death Act; Reynaldo Quijano, and all other persons entitled to assert a claim pursuant to the Texas Wrongful Death Act; Alfred Quijano, Jr., and all other persons entitled to assert a claim pursuant to the Texas Wrongful Death Act; Lorna Shabo, and all other persons entitled to assert a claim pursuant to the Texas Wrongful Death Act; Wilfred Quijano, and all other persons entitled to assert a claim pursuant to the Texas Wrongful Death Act, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 19, 2003.

Attorney(s) appearing for the Case

George Watts Mauze, II (argued), Law Offices of George W. Mauze, II, San Antonio, TX, for Plaintiffs-Appellees.

James F. Gilligan, Jr., Winstanley Fiddian Luke, Asst. U.S. Atty. (argued), San Antonio, TX, Claes H. Lewenhaupt (argued), U.S. Army, Arlington, VA, for Defendant-Appellant.

Before HIGGINBOTHAM and DAVIS, Circuit Judges, and HUDSPETH, District Judge.

HUDSPETH, District Judge:

Cristina Quijano, the civilian spouse of a retired Army service member, underwent coronary artery bypass surgery at the Brooke Army Medical Center ("BAMC") in San Antonio, Texas. Following the surgery, she developed sepsis which was traced to a bacterial infection introduced through a blood transfusion. She died the day after surgery. Her surviving spouse and their adult children ("Quijano family") brought a wrongful death and survival action...

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