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LAFROMBOISE v. LEAVITT

No. 04-3245.

439 F.3d 792 (2006)

Sandy LAFROMBOISE, individually, and on behalf of her minor son, Robert LaFromboise, Jr., Appellant, v. Michael O. LEAVITT, as the Secretary of the Health and Human Services Department; Indian Health Service; United States of America, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: March 2, 2006.

Attorney(s) appearing for the Case

Larry M. Baer, argued, West Des Moines, IA, for appellant.

John S. Koppel, argued, Dept. of Justice, Washington, DC (Mark B. Stern, Justice Dept., on the brief), for appellee.

Before WOLLMAN, COLLOTON, and BENTON, Circuit Judges.

COLLOTON, Circuit Judge.

Sandy LaFromboise, individually and on behalf of her son Robert, filed suit against the United States, the Secretary of Health and Human Services, and the Indian Health Service under the Federal Tort Claims Act ("FTCA"). LaFromboise claimed that her son had been a victim of medical malpractice at the Quentin N. Burdick Memorial Comprehensive Health Care Facility, an Indian Health Service facility...

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