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ELLIS v. U.S.

No. 10-50845.

673 F.3d 367 (2012)

Patricia Ann ELLIS, Individually, and as Next Friend of A.M.G. and R.T.G. and as Executrix of the Estate of Melissa Busch; Coralon Busch, Individually and as Next Friend of C.L.A.B. and M.W.L.B., Plaintiffs-Appellees-Cross Appellants, v. UNITED STATES of America, Defendant-Appellant-Cross Appellee.

United States Court of Appeals, Fifth Circuit.

March 2, 2012.

Attorney(s) appearing for the Case

Per Ann Hardy (argued), James Earl Hoffman (argued), Law Office of Per Hardy, San Antonio, TX, for Plaintiffs-Appellees-Cross Appellants.

William George Cole (argued), Thomas Mark Bondy , U.S. Dept. of Justice, Civ. Div., App. Staff, Washington, DC, James Francis Gilligan, Jr. , Asst. U.S. Atty., San Antonio, TX, for Defendant-Appellant-Cross-Appellee.

Before BARKSDALE, GARZA and ELROD, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

In this Federal Tort Claims Act case arising out of medical malpractice that led to the death of Melissa Busch ("Ms. Busch"), the United States Government ("Government") and Ms. Busch's family members Patricia Ann Ellis, Coralon Busch, and Ms. Busch's children (together, "Plaintiffs") cross-appeal the district court's judgment.

The district court refused to reduce the Plaintiffs' damages award by amounts the Government claimed...

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