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ESTATE OF SANDERS v. U.S.

No. 12-60901.

736 F.3d 430 (2013)

In the matter of the ESTATE OF Ira J. SANDERS, Deceased, Ruther Sanders, Administrator, Plaintiff-Appellant v. UNITED STATES OF AMERICA, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 21, 2013.

Attorney(s) appearing for the Case

T. Jackson Lyons, Esq. , T. Jackson Lyons & Associates, P.A., Jackson, MS, for Plaintiff-Appellant.

David Harrison Fulcher , U.S. Attorney's Office, Jackson, MS, for Defendant-Appellee.

Before SMITH, DENNIS, and HIGGINSON, Circuit Judges.

HIGGINSON, Circuit Judge.

Ira J. Sanders ("Sanders"), who received medical treatment from the Department of Veterans Affairs, died of stomach cancer in 2008. Sanders's estate ("the Estate") filed a malpractice suit against his health care providers under the Federal Tort Claims Act ("FTCA"), alleging in part that they failed to provide appropriate follow-up care after discovering a mass in Sanders's stomach in 2003. The district court granted summary judgment for...

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