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BRAMBERGER v. TOLEDO HOSP.

Case No. 3:10 CV 1626.

897 F.Supp.2d 587 (2012)

Erna BRAMBERGER, Personal Representative of the Estate of Johann Bramberger, Deceased, Plaintiff, v. TOLEDO HOSPITAL, et al., Defendant.

United States District Court, N.D. Ohio, Western Division.

September 24, 2012.

Attorney(s) appearing for the Case

Martin W. Williams , Williams Declark Tuschman , Toledo, OH, for Plaintiff.

John S. Wasung , Thomas P. Sullivan , Kitch Drutchas Wagner Valitutti & Sherbrook, James F. Nooney , Eastman & Smith, Holly Taft Sydlow , Office of the U.S. Attorney, Toledo, OH, Stephen A. Skiver , Gayle K. Beier , Law Office of Stephen A. Skiver, Perrysburg, OH, for Defendant.

MEMORANDUM OPINION

KATZ, District Judge.

Plaintiff Erna Bramberger ("Plaintiff"), as personal representative of the estate of the deceased Johann Bramberger ("Mr. Bramberger"), brings this medical malpractice and wrongful death action pursuant to the Federal Tort Claims Act ("FTCA") and state law. Plaintiff seeks damages for Defendants' alleged failure to diagnose Mr. Bramberger's fatal lung cancer until five years after a chest x-ray revealed a nodule...

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