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E.P. EX REL. PORTENIER v. U.S.

Case No. 09-cv-04163-JAR.

835 F.Supp.2d 1109 (2011)

E.P., by and through his mother and, next friend, Thea PORTENIER, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. Kansas.

December 7, 2011.

Attorney(s) appearing for the Case

James R. Bartimus , Bartimus, Frickleton, Robertson & Gorny, Leawood, KS, Michael L. Sexton , Sexton & Shelor, Shawnee Mission, KS, for Plaintiff.

Brian D. Sheern , Office of United States Attorney, Wichita, KS, W. James Stamper , U.S. Department of Justice-Special Assistant U.S. Attorney, Fort Riley, KS, for Defendant.

MEMORANDUM AND ORDER

JULIE A. ROBINSON, District Judge.

This case involves a very tragic situation. Plaintiff E.P. endured such severe child abuse at the hands of his potential adoptive mother, Holly Bellinger, that he sustained catastrophic and permanent brain damage. Sadly, despite the concern, inquiry and examination by many individuals, including his biological mother, a doctor and nurse practitioner at Irwin Army Community Hospital ("IACH"),...

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