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OSBORNE v. U.S.

No. CIV. A. 2:99-0759.

166 F.Supp.2d 479 (2001)

Gorman Dale OSBORNE, Administrator of the Estate of Sammy Hubbard, Lynn Hubbard, individually and Lynn Hubbard as guardian and next of kin for Katie Hubbard and Seth Hubbard, Plaintiffs, v. The UNITED STATES of America, Defendant.

United States District Court, S.D. West Virginia, Charleston Division.

August 23, 2001.

Attorney(s) appearing for the Case

Joshua I. Barrett, Esquire, J. Timothy DiPiero, Sean P. McGinley, Mary S. Blaydes, DiTrapano Barrett & DiPiero, Charleston, WV, for Gorman Dale Osborne, Administrator of the Estate of, Sammy Hubbard, Lynn Hubbard, individually and, Lynn Hubbard, as guardian and next of kin for, Katie Hubbard, and, Seth Hubbard, plaintiffs.

Stephen M. Horn, Assistant U.S. Attorney, Rebecca A. Betts, Esquire, United States Attorney, Charleston, WV, Thomas E. Esposito, Esposito & Esposito, Logan, for United States of America, (substituted for the Community Health Foundation of Man, Inc., a Corporation, and Dr. Prakob Srichai), and, Terry Hoosier, defendants.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

This medical malpractice action brought against the United States under the Federal Tort Claims Act ("FTCA") arises out of the negligent medical treatment rendered to Terry Hoosier by Prakob Srichai, M.D., an employee and agent of the United States. On July 20, 1997, while under the influence of addictive medications prescribed by Dr. Srichai, Hoosier drove his pick-up truck into oncoming traffic and...

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