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GALLARDO v. U.S.

No. 12-1325.

752 F.3d 865 (2014)

Maria GALLARDO and D.R.G., a minor child by and through her natural mother and next best friend, Maria Gallardo, Plaintiffs-Appellants, v. UNITED STATES Of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

May 19, 2014.

Attorney(s) appearing for the Case

Michael Goodman , PC, Englewood, CO, ( William G. Fischer , PC, Colorado Springs, CO, with him on the briefs), for Plaintiffs-Appellants.

Laurie K. Dean , Special Assistant United States Attorney, ( John F. Walsh , United States Attorney, with her on the brief), Denver, CO, for Plaintiff-Appellee.

Before BRISCOE, Chief Judge, HOLLOWAY and HOLMES, Circuit Judges.

BRISCOE, Chief Judge.

Plaintiffs Maria Gallardo and her minor child, DRG, who was born with cerebral palsy, filed this action against the United States of America pursuant to the Federal Tort Claims Act. Plaintiffs claimed that the performance of Ms. Gallardo's attending obstetrician, Dr. Jeffery McCutcheon, fell below the applicable standard of care during the labor and delivery of DRG. After conducting a bench trial, the district court found in favor of the United...

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