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LOUIS v. U.S.

Nos. Civ. 96-1161 BB/DJS, Civ. 97-298 M/JHG.

54 F.Supp.2d 1207 (1999)

Michelle LOUIS, Individually and as Personal Representative of Chelsey B. Louis, Deceased, Plaintiffs, v. The UNITED STATES of America, Defendant. Consuelo Carmona, M.D., Plaintiff, v. Michelle Louis, Individually and as Personal Representative of Chelsey B. Louis, Deceased; and The United States of America, Defendants.

United States District Court, D. New Mexico.

January 29, 1999.

Attorney(s) appearing for the Case

Randi McGinn, Albuquerque, NM, for Michele K. Louis.

Marilyn S. Hutton, Assistant U.S. Attorney, Albuquerque, NM, for United States.

Gregory W. Chase, Robin A. Goble, Miller Stratvert & Torgerson, Albuquerque, NM, for Consuelo Carmona, M.D.

MEMORANDUM OPINION AND ORDER

BLACK, District Judge.

THIS MATTER is before the Court on Defendant's motion to dismiss or in the alternative to render summary judgment on the grounds that Plaintiff may not seek recovery beyond the New Mexico statutory limitations on medical malpractice recoveries. Having reviewed the briefs of counsel and being otherwise duly advised, the Court finds Defendant's motion should be GRANTED.1

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