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C.R.S. BY D.B.S. v. U.S.

Civ. No. 4-90-299.

820 F.Supp. 449 (1993)

C.R.S., a minor, by D.B.S. in his dual capacity as her father and natural guardian and as her guardian ad litem; D.B.S. and N.A.S., Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, D. Minnesota, Fourth Division.

May 5, 1993.

Attorney(s) appearing for the Case

Bruce A. Peterson, Steven E. Reichert, Popham, Haik, Schnobrich & Kaufman, Ltd., Minneapolis, MN, Patrick M. Conlin, Gislason, Martin & Varpness, P.A., Edina, MN, for plaintiffs.

Janet M. Reno, Atty. Gen., Stuart M. Gerson, Asst. Atty. Gen., Civil Div., Roger D. Einerson, Asst. Director, Torts Branch, Civil Div., Brendan F. Flanagan, Special Atty., Torts Branch, Civil Div., U.S. Dept. of Justice, Washington, DC, Francis X. Hermann, U.S. Atty., and Robert M. Small, Asst. U.S. Atty., Minneapolis, MN, for defendant.

MEMORANDUM AND ORDER

MacLAUGHLIN, District Judge.

FACTS

This is an action brought under the Federal Tort Claims Act (FTCA), in which plaintiffs allege that they contracted the human immunodeficiency virus (HIV) because of defendant's negligence. In 1983, while undergoing basic training in Georgia, plaintiff D.B.S. experienced severe rectal bleeding. On August 9, 1983, he was admitted to Martin Army Community Hospital (MACH), where he underwent...

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