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CARTER v. U.S. (VETERANS ADMINISTRATION)

No. S90-448 (RLM).

768 F.Supp. 670 (1991)

Thomas CARTER, et al., Plaintiffs, v. UNITED STATES of America (VETERANS ADMINISTRATION), Defendant.

United States District Court, N.D. Indiana, South Bend Division.

June 24, 1991.

Attorney(s) appearing for the Case

Barry Rooth, Merrillville, Ind., for plaintiffs.

Clifford D. Johnson, Asst. U.S. Atty, South Bend, Ind., for defendant.

MEMORANDUM AND ORDER

Miller, District Judge.

This case presents an issue not addressed by any previously reported case: whether the United States, when sued under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 2671 et seq., for an act of alleged medical malpractice, is entitled to the protection of the $500,000.00 limitation on medical malpractice awards that Indiana law provides to "qualified health care providers", notwithstanding...

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