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SMITH v. UNITED STATES

No. 20-11365.

7 F.4th 963 (2021)

Stewart J. SMITH, Plaintiff-appellant, v. UNITED STATES of America, Defendant-appellee.

United States Court of Appeals, Eleventh Circuit.

July 29, 2021.

Attorney(s) appearing for the Case

Virgil L. Adams , Caroline Whitehead Herrington , Dawn Maynor Lewis , Adams Jordan & Herrington, Macon, GA, for Plaintiff-Appellant.

Jennifer Utrecht , U.S. Department of Justice, Civil Division, Appellate Staff, Washington, DC, Charles W. Scarborough , U.S. Attorney General's Office, Washington, DC, U.S. Attorney Service — Middle District of Georgia, U.S. Attorney's Office, Macon, GA, for Defendant-Appellee.

Before WILSON, ROSENBAUM and HULL, Circuit Judges.

In 2018, Mr. Smith, a veteran, initiated this lawsuit in federal district court against the United States, proceeding under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. § 1346(b). Mr. Smith claimed, in part, that various medical professionals working for the Department of Veterans Affairs (the "VA") breached their legal...

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