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PACHECO v. UNITED STATES

No. 21-35175.

48 F.4th 976 (2022)

Yesenia PACHECO, Luis Lemus, S.L.P., a minor child, by and through her Guardian ad Litem, Brian Comfort, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn January 3, 2022.

Resubmitted August 31, 2022 Seattle, Washington.

Filed September 8, 2022.

Attorney(s) appearing for the Case

Leif Overvold (argued) and Daniel Tenny , Appellate Staff; Tessa M. Gorman , United States Attorney; Brian M. Boynton , Acting Assistant Attorney General; Civil Division, United States Department of Justice, Washington, D.C.; for Defendant-Appellant.

Michael Maxwell (argued), Maxwell Graham PS, Issaquah, Washington; Steve Alvarez , Alvarez Law, Tacoma, Washington; for Plaintiffs-Appellees.

Before: RONALD M. GOULD, RICHARD C. TALLMAN, and PATRICK J. BUMATAY, Circuit Judges.

ORDER

Plaintiffs-Appellees Yesenia Pacheco, Louis Lemus, and their minor child, S.L.P., brought an action under the Federal Tort Claims Act ("FTCA") against the United States alleging negligence on the part of NeighborCare Health Center, a federally qualified community health center. After a bench trial, the district court determined that the United States was liable to the plaintiffs in the amount of $10,042,294.81: $42,294.81 in past special damages associated...

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