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TSOSIE v. U.S.

No. 04-2342.

452 F.3d 1161 (2006)

Leonard TSOSIE, Representative of the Estate of Nettie Ann Tsosie; Leonard Tsosie; Alberta Capitan; Larry Tsosie; Jimmy Tsosie; and Thomas Tsosie, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 27, 2006.

Attorney(s) appearing for the Case

Henry S. Howe, Henry S. Howe, P.C., Gallup, NM, for the Plaintiffs-Appellants.

Jan Elizabeth Mitchell, Assistant U.S. Attorney (David C. Iglesias, United States Attorney with her on the brief), Albuquerque, NM, for the Defendant-Appellee.

Before LUCERO, McKAY, and McCONNELL, Circuit Judges.

LUCERO, Circuit Judge.

Nettie Ann Tsosie, an enrolled member of the Navajo Nation, died after an emergency room physician at a hospital operated by the Indian Health Service ("IHS") failed to diagnose that she was suffering from hantavirus. Her husband, Leonard Tsosie, acting both in his personal capacity and as representative of the estate, along with Nettie Tsosie's children, filed suit against the United States under the Federal Tort Claims Act ("FTCA"). They claimed...

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