1. Home
  2. Browse Decisions
  3. F.3d
  4. 839 F.3d
  5. 839 F.3d 364 (2016)
 

SIMMS v. U.S.

No. 15-2161.

839 F.3d 364 (2016)

Misty SIMMS, next friend of C.J., an infant, and individually, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant, and Richard Booth, M.D.; Valley Health Systems, Inc.; United States Department of Health & Human Services, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: October 7, 2016.

Attorney(s) appearing for the Case

ARGUED: Edward Himmelfarb , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellant. Mark Davis Moreland , MORELAND & MORELAND, Lewisburg, West Virginia, for Appellees. ON BRIEF: Benjamin C. Mizer , Principal Deputy Assistant Attorney General, Mark B. Stern , Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; R. Booth Goodwin II , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Charleston, West Virginia, for Appellant. Rachel Hanna , LAW OFFICE OF RACHEL HANNA, Lewisburg, West Virginia, for Appellees.

Affirmed in part, vacated in part, and remanded by published opinion. Judge Wynn wrote the opinion, in which Judge Harris and Judge Biggs joined.

Plaintiff Misty Simms brought this "wrongful birth" action against the United States under the Federal Tort Claims Act ("FTCA") after her prenatal care provider — a federally-supported health center — failed to timely inform her that her child would be born with severe congenital abnormalities. Following a bench...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases