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VALDEZ EX REL. DONELY v. U.S.

No. 05 CIV. 4842(CM).

415 F.Supp.2d 345 (2006)

Elon Emani VALDEZ, an infant by her Mother and Natural Guardian, Tiffany Donely, and Tiffany Donely, Individually Plaintiffs, v. THE UNITED STATES of America, Defendant.

United States District Court, S.D. New York.

February 3, 2006.

Attorney(s) appearing for the Case

Charles Neuville Rock, Rock & Rosmarin, LLP, White Plains, NY, for Plaintiffs.

Heather Kirsten McShain, U.S. Attorney's Office, SDNY, New York, NY, for Defendant.

MEMORANDUM DECISION AND ORDER GRANTING DEFENDANT'S MOTION TO DISMISS

MCMAHON, District Judge.

On December 13, 2000, plaintiff Tiffany Donely was admitted to St. Luke's— Roosevelt Hospital ("St.Luke's"), where she delivered her daughter, plaintiff Elon Emani Valdez, by emergency cesarean section performed by Doctor Christina Hye-Kyong Kong ("Dr.Kong"). Prior to delivery, Donely received prenatal care at the William F. Ryan Community Health Center ...

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