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AMBURGEY v. U.S.

No. 12-6279.

733 F.3d 633 (2013)

Delma AMBURGEY, Individually, as Administratrix of the Estate of Jerry Michael Amburgey, and as next Friend of J.A., a minor, Plaintiff-Appellant, v. UNITED STATES of America; Mountain Comprehensive Health Corporation, and Mahmood Alam, M.D., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 24, 2013.

Attorney(s) appearing for the Case

ARGUED: Stephen M. O'Brien III , Stephen M. O'Brien III, PLLC, Lexington, Kentucky, for Appellant. Callie R. Owen , United States Attorney's Office, Lexington, Kentucky, for Appellees. ON BRIEF: Stephen M. O'Brien III , Stephen M. O'Brien III, PLLC, Lexington, Kentucky, for Appellant. Charles P. Wisdom, Jr. , Charlton S. Shier IV , United States Attorney's Office, Lexington, Kentucky, for Appellees.

Before: GILMAN, GRIFFIN, and WHITE, Circuit Judges.

OPINION

RONALD LEE GILMAN, Circuit Judge.

On January 21, 2009, Jerry Michael Amburgey (Jerry) sought treatment for his persistent pneumonia from Dr. Mahmood Alam at a clinic run by Mountain Comprehensive Health Corporation (MCHC) in Whitesburg, Kentucky. Jerry died that same day from a severe allergic reaction to an intravenous contrast dye that was administered to him in preparation for a CT scan. His wife, Delma Amburgey (Delma), later sued Dr. Alam, MCHC...

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