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CHAPA v. U.S.

No. 06-2911.

497 F.3d 883 (2007)

Fernando CHAPA, Individually and as Guardian of Dakota C. Fuller, a minor; Valerie Chapa, Individually and as Guardian of Dakota C. Fuller, a minor, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 16, 2007.

Attorney(s) appearing for the Case

Mark A. Cox, argued, Oklahoma City, OK, Daniel B. Cullan and Paul W. Madgett, on the brief, Omaha, NE, for appellant.

Paul D. Boeshart, AUSA, argued, Lincon, NE, for appellee.

Before COLLOTON, BEAM and GRUENDER, Circuit Judges.

GRUENDER, Circuit Judge.

Fernando and Valerie Chapa, individually and as guardians of Dakota C. Fuller ("Dakota"), sued the United States of America alleging that it was legally responsible, through its employees, for permanent injuries Dakota suffered after being shaken by his biological father. The Chapas alleged that three physicians at a United States military hospital, including Dr. Richard F. Garri, were negligent and caused Dakota's injuries. After a bench...

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