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WILSON v. U.S.

No. CIV.A. 1:04CV488.

375 F.Supp.2d 467 (2005)

William D. WILSON, Jr., Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, E.D. Virginia, Alexandria Division.

June 27, 2005.

Attorney(s) appearing for the Case

Gerald Richard Walsh, Gerald R. Walsh, P.C., Fairfax, VA, for Plaintiff.

Dennis E. Szybala, United States Attorney's Office, Alexandria, VA, for Defendant.

MEMORANDUM OPINION

ELLIS, District Judge.

A pretrial motion in limine filed by the defendant in this medical malpractice action presented the question whether the West Virginia Medical Professional Liability Act (MPLA), W. Va.Code § 55-7B-1, et seq., limits the amount of damages that the plaintiff may recover from the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346(b). Following a hearing, defendant's motion...

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