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STOKES v. U.S.

Nos. 19-7034 & 19-7035.

967 F.3d 1034 (2020)

Alexis STOKES, individually and as guardian and next friend of Baby Boy D.S., a minor; Taylor Stokes, individually and as guardian and next friend of Baby Boy D.S., a minor, Plaintiffs-Appellees/Cross-Appellants, v. UNITED STATES of America, ex rel. Indian Health Service & Chickasaw Nation Medical Center, an agency of the Chickasaw Nation, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

FILED July 29, 2020.

Attorney(s) appearing for the Case

Casen B. Ross , Attorney, Appellate Staff, United States Department of Justice, Civil Division, Washington, D.C. ( Robert P. Charrow , General Counsel, Brian Stimson , Principal Deputy General Counsel for Litigation, United States Department of Health and Human Services; Joseph H. Hunt , Assistant Attorney General, Brian J. Kuester , United States Attorney, Susan Stidham Brandon , Assistant United States Attorney, and Abby C. Wright , Attorney, Appellate Staff, United States Department of Justice, Civil Division, Washington, D.C., with him on the briefs), for Defendant-Appellant.

George W. Braly of Braly, Braly, Speed & Morris, PLLC, Ada, Oklahoma (William W. Speed and Sheila Southard of Braly, Braly, Speed & Morris, PLLC, Ada, Oklahoma, and Lawrence R. Murphy Jr. of Smolen Law, Tulsa, Oklahoma, with him on the briefs), for Plaintiffs-Appellees.

Before BRISCOE, McHUGH, and MORITZ, Circuit Judges.

The district court awarded damages to Baby Boy D.S. (Baby Stokes) and his parents, Alexis Stokes and Taylor Stokes, (collectively, the Stokes) in this Federal Tort Claims Act (FTCA), 28 U.S.C. § 2674, action. The government appeals, arguing that the district court erred in structuring damage payments. The Stokes cross...

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