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DAY v. U.S.

No. 16-3118.

865 F.3d 1082 (2017)

Michelle DAY, Administrator of the Estate and on Behalf of the Wrongful Death Beneficiaries of James Avery Deweese Sr.; Ruth Deweese, Individually; Michelle Day, Individually, Plaintiffs-Appellants v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 1, 2017.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was David A. Hodges, Sr. , of Little Rock, AR.

Counsel who presented argument on behalf of the appellee was Lindsey Mitcham Lorence , AUSA, of Little Rock, AR.

Before LOKEN, MURPHY, and MELLOY, Circuit Judges.

In 2011, a radiologist with the United States Department of Veterans Affairs ("VA") failed to identify a cancerous mass in the liver of James Avery Deweese Sr. The mass nearly doubled in size before it was finally diagnosed in 2013, and Deweese died shortly thereafter. Asserting survival and wrongful-death claims under Arkansas...

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