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BOODY v. U.S.

Civ. A. No. 85-1741-T.

706 F.Supp. 1458 (1989)

Gordon BOODY, individually, and as Special Administrator of the Estate of Carol M. Boody, Deceased, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. Kansas.

As Corrected February 27, 1989.

Attorney(s) appearing for the Case

Richard Cordry, Wichita, Kan., for plaintiff.

Stephen K. Lester, Asst. U.S. Atty., Wichita, Kan., for defendant.

OPINION AND ORDER

THEIS, District Judge.

This matter comes before the court for final disposition after a four day bench trial. Plaintiff brings this medical malpractice action under the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680. Plaintiff's claim is based on the "loss of chance of survival" theory adopted by the Kansas Supreme Court in Roberson v. Counselman, 235 Kan. 1006, 686 P.2d...

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