Nos. 11-1619, 12-1098.

708 F.3d 23 (2013)

Cynthia JACKSON, as Administratrix of the Estate of Leonard J. Giguere, Plaintiff, Appellant, v. UNITED STATES, Defendant, Appellee.

United States Court of Appeals, First Circuit.

February 12, 2013.

Attorney(s) appearing for the Case

Brian P. Burke for appellant.

Anton P. Giedt , Assistant United States Attorney, with whom Rayford A. Farquhar , Assistant United States Attorney, and Carmen Milagros Ortiz , United States Attorney, were on brief, for appellee.

Before LYNCH, Chief Judge, TORRUELLA and STAHL, Circuit Judges.

LYNCH, Chief Judge.

Leonard Giguere served his country in the U.S. Army in the Vietnam War. He was injured there in a landmine explosion, causing a diaphragmatic hernia which affected the arrangement of some of his internal organs. That rearrangement would have consequences four decades later. On May 6, 2005, at age 58, Giguere underwent surgery at the Veterans Administration Hospital ("VA Hospital") in West Roxbury, Massachusetts. He died on May 10, 2005.


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