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MARADIAGA v. U.S.

No. 11-12474.

679 F.3d 1286 (2012)

Riccy MARADIAGA, individually and on behalf of J.C.S.M., a minor, Carlos G. Sordia-Martinez, individually and on behalf of J.C.S.M., a minor, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 8, 2012.

Attorney(s) appearing for the Case

Christopher James Bilecki , Carlos Raul Diez-Arguelles , Maria D. Tejedor , Diez-Arguelles Tejedor , Orlando, FL, for Plaintiffs-Appellants.

Todd B. Grandy , Sean Flynn , Robert E. O'Neill , Tampa, FL, Mark B. Stern , Appellate Sec., Daniel Tenny , Civ. Div., U.S. Dept. of Justice, Washington, DC, for Defendant-Appellee.

Before MARCUS, PRYOR, and SILER, Circuit Judges.

PRYOR, Circuit Judge:

The primary issue in this appeal is whether the United States is amenable to suit under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2401(b), 2671-80, for the negligence of medical professionals employed by a federally supported health center when like private professionals would be immune from suit under the Florida Birth-Related Neurological Injury Compensation Act, Fla. Stat. §§ 766.301-16. Riccy Maradiaga and Carlos...

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