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STAGGS v. U.S. EX REL. DEPT. OF HEALTH AND HUMAN SERVICES

No. 04-7138.

425 F.3d 881 (2005)

Kimberly STAGGS, individually and as mother and next friend of Baylee Staggs, a minor, Plaintiff-Appellant, v. UNITED STATES of America, ex rel. The DEPARTMENT OF HEALTH AND HUMAN SERVICES; United States of America, ex rel. Public Health Services; United States of America, ex rel. Indian Health Services; United States of America, ex rel. W.W. Hastings Indian Hospital, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

October 4, 2005.

Attorney(s) appearing for the Case

Bill D. Reynolds, Nolan, Caddell & Reynolds PA, Fort Smith, AR, for Plaintiff-Appellant.

Sheldon J. Sperling, United States Attorney, and Susan Stidham Brandon, Assistant United States Attorney, Muskogee, OK, for Defendants-Appellees.

Before EBEL, HARTZ, and McCONNELL, Circuit Judges.

McCONNELL, Circuit Judge.

Appellant Kimberly Staggs challenges the district court's ruling in her medical negligence case that it lacked subject matter jurisdiction to consider lack of informed consent. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.*

I. BACKGROUND

Staggs filed with the Department of Health and Human Services (DHHS) a Standard Form 95 ...

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