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LEE v. U.S.

No. 13-50905.

765 F.3d 521 (2014)

Clarence LEE, Sr., Individually and as Next Friend of C.L., a Minor; Angelia Lee, Individually and as Next Friend of C.L., a Minor, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 28, 2014.

Attorney(s) appearing for the Case

Jamal K. Alsaffar , Tom Jacob (argued), Archuleta Law Firm, Austin, TX, Rudy A. Garza , Hornberger, Sheehan, Fuller, Belter, Wittenber & Garza, San Antonio, TX, Kirk Louis Pittard, Esq. , Kelly, Durham & Pittard, L.L.P., Dallas, TX, for Plaintiffs-Appellees.

James Francis Gdhgan, Jr., Esq. , Assistant U.S. Attorney, U.S. Attorney's Office, San Antonio, TX, Mark William Pennak (argued), Matthew Mdes Cohette, U.S. Department of Justice, Washington, DC, for Defendant-AppeUant.

Before STEWART, Chief Judge, and WIENER and COSTA, Circuit Judges.

CARL E. STEWART, Chief Judge:

The government appeals the district court's award of damages in a medical malpractice suit under the Federal Tort Claims Act (FTCA). The government does not challenge the district court's finding that it was liable; rather, it contends that the district court should have applied the Texas periodic payment statutory scheme, Texas Civil Practice & Remedies Code §§ 74.501-507, and that the district court erred in its order...

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