BUTTS v. U.S.

No. 18-1693.

930 F.3d 234 (2019)

Kayla BUTTS, Individually and on behalf of her daughter A.F., a minor, Plaintiff-Appellee, v. The UNITED STATES of America, Defendant-Appellant, and Berkeley Medical Center; West Virginia University Hospital, Inc.; Shenandoah Women's Health Center; Shenandoah Community Health Center; Shenandoah Midwives; Avinash Purohit, M.D.; Tracy Swalm, CNM; Sara Spurgeon, R.N.; Shelly Palkovic, R.N.; Rebecca Pfender, CNM; Sarah Hardy, M.D.; Sonya Justice, R.N., Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: July 11, 2019.


Attorney(s) appearing for the Case

ARGUED: Joshua Marc Salzman , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellant. Barry John Nace , PAULSON & NACE, PLLC, Washington, D.C., for Appellee. ON BRIEF: Joseph H. Hunt , Assistant Attorney General, Mark B. Stern , Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; William J. Powell , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Wheeling, West Virginia, for Appellant. Matthew A. Nace , PAULSON & NACE, PLLC, Washington, D.C.; D. Michael Burke , BURKE, SCHULTZ, HARMAN & JENKINSON, Martinsburg, West Virginia, for Appellee.

Reversed by published opinion. Judge Quattlebaum wrote the opinion, in which Judge Harris and Judge Richardson joined.


This case arises from a tragic set of events involving A.F., a baby born with severe respiratory problems who developed permanent brain damage. Kayla Butts ("Butts"), A.F.'s mother, brought this action claiming A.F.'s brain damage was caused by the medical malpractice of Dr. Sarah Hardy. More specifically, Butts contends...

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