AZIZ EX REL. AZIZI v. U.S.

No. 8:03 CV 150.

338 F.Supp.2d 1057 (2004)

Izabelle AZIZI, By and Through her next friend and mother, Suzanne AZIZI, and Charles Azizi, Suzanne Azizi, individually, and Melani Azizi, by and through her next friend and mother, Suzanne Azizi Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, D. Nebraska.

September 28, 2004.


Attorney(s) appearing for the Case

James R. Welsh, Robert Meyer, Welsh & Welsh P.C., Omaha, NE, for Plaintiffs.

Paul D. Boeshart, Assistant United States Attorney, Lincoln, NE, for Defendant.


MEMORANDUM AND ORDER

BATAILLON, District Judge.

This matter is before the court on defendant's motion to dismiss or, alternatively, for summary judgment, Filing No. 17. This is an action for damages as the result of medical malpractice under the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680 ("FTCA").

Defendant United States of America (hereinafter, "the government") asserts that plaintiffs' claims should be dismissed either as barred...

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