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SISTO v. UNITED STATES

No. 20-16435.

8 F.4th 820 (2021)

Linda SISTO, a widow; Tashina Sisto, an unmarried woman; Tyrell Sisto, an unmarried man; Jeremy Sisto, an unmarried man; Kashina Sisto, an unmarried woman; Lannette Sisto, an unmarried woman; Purcell Sisto, an unmarried man, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 4, 2021.

Attorney(s) appearing for the Case

David L. Abney (argued), Ahwatukee Legal Office P.C., Phoenix, Arizona, for Plaintiffs-Appellants.

Brock J. Heathcotte (argued), Assistant United States Attorney; Krissa M. Lanham , Appellate Division Chief; Michael Bailey , United States Attorney; United States Attorney's Office, Phoenix, Arizona; for Defendant-Appellee.

Concurrence by Judge Watford

OPINION

Tyrone Sisto, a member of the San Carlos Apache Tribe, died after Dr. Rickey Gross, an emergency room physician at the San Carlos Apache Healthcare Corporation ("SCAHC") hospital, failed to diagnose Rocky Mountain Spotted Fever. Sisto's mother and his children ("Plaintiffs") filed suit against the United...

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