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WARRUM v. U.S.

No. 04-3753.

427 F.3d 1048 (2005)

Ronald WARRUM, in his capacity as Personal Representative of the Estate of Joseph F. Sayyah, Deceased, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 25, 2005.

Attorney(s) appearing for the Case

Robert R. Faulkner (argued), Evansville, IN, for Plaintiff-Appellant.

Jeffrey L. Hunter (argued), Office of the United States Attorney, Indianapolis, IN, for Defendant-Appellee.

Before POSNER, RIPPLE, and SYKES, Circuit Judges.

SYKES, Circuit Judge.

Ronald Warrum appeals the district court's dismissal of this wrongful death action brought under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. § 2671 et seq. Warrum, as personal representative of the estate of Joseph Sayyah, alleges that in 1998 Dr. Asif Ali, a physician at the Department of Veterans Affairs ("VA") clinic in Evansville, Indiana, failed to properly diagnose Sayyah's esophageal cancer and that the misdiagnosis caused Sayyah...

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