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VALDEZ EX REL. DONELY v. U.S.

Docket No. 06-1333-cv.

518 F.3d 173 (2008)

Elon Emani VALDEZ, an Infant by Her Mother and Natural Guardian, Tiffany DONELY, and Tiffany Donely, Individually, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: February 29, 2008.

Attorney(s) appearing for the Case

Annette G. Hasapidis, Law Offices of Annette G. Hasapidis, South Salem, NY, for Plaintiffs-Appellants.

Heather K. McShain, Assistant United States Attorney (Sara Shudofsky, on the brief), Michael J. Garcia, United States Attorney for the Southern District of New York, New York, NY, for Defendant-Appellee.

Before: McLAUGHLIN and RAGGI, Circuit Judges, and KORMAN, District Judge.

KORMAN, District Judge.

Elon Emani Valdez, a severely brain-damaged seven-year-old child, was born at St. Luke's-Roosevelt Hospital on December 13, 2000. At some point before, during, or after her birth, she had aspirated meconium — a mixture of fecal matter and amniotic fluid. The aspiration of meconium is usually caused by fetal stress, brought on by infections in the womb or labor difficulties that cause the infant's intestines to undergo increased movement...

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