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ORTIZ v. U.S. EX REL. EVANS ARMY COMMUNITY HOSP.

No. 13-1500.

786 F.3d 817 (2015)

Jorge ORTIZ, as next friend and parent of I.O., a minor, Plaintiff-Appellant, v. UNITED STATES of America, by and through EVANS ARMY COMMUNITY HOSPITAL, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

May 15, 2015.

Attorney(s) appearing for the Case

Laurie M. Higginbotham, Whitehurst, Harkness, Brees, Cheng, Alsaffar & Higgonbotham, P.L.L.C., Austin, TX ( James E. Puga,   Sean B. Leventhal, and Benjamin I. Sachs, Leventhal, Brown & Puga, P.C., Denver, CO, and Joseph F. Bennett, Cross & Bennett, L.L.C., Colorado Springs, CO, with her on the briefs) for Appellant.

Lowell V. Sturgill, Jr., Attorney ( Stuart F. Delery, Assistant Attorney General, John F. Walsh, United States Attorney, and Marleigh D. Dover, Attorney, with him on the brief), Civil Division, Appellate Staff, Department of Justice, Washington, D.C., for Appellee.

Before TYMKOVICH, EBEL, and PHILLIPS, Circuit Judges.

This case requires us to consider whether the federal government is immune from damages for injuries its agents caused to an active-duty servicewoman's baby during childbirth. Our resolution of the issues is controlled by the Supreme Court's decision in Feres v. United States, which found that military service members...

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