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CARSWELL v. CHILDRENS NAT. MEDICAL CENTER

Civ. No. 99-2748 (RWR/JMF).

217 F.Supp.2d 101 (2002)

Kathryn CARSWELL, Personal Representative of the Estate of Alex Carswell, a Minor, Deceased, Plaintiff, v. CHILDRENS NATIONAL MEDICAL CENTER, et al., Defendants.

United States District Court, District of Columbia.

September 17, 2002.

Attorney(s) appearing for the Case

Dickson J. Young, Robert J. Cunningham, Jr., Whitestone, Brent, Young & Merril, P.C., Fairfax, VA, Kathryn Carswell, Alexandria, VA, for Plaintiff.

Adam White Smith, McCandlish & Lillard, P.C., Fairfax, VA, Wyneva Johnson, Leslie Ann Gerardo, Martyn Liles, P.L.L.C., Leslie Ann Gerardo, Martyn Liles PLLC, Washington, DC, for Defendants.

MEMORANDUM OPINION

FACCIOLA, United States Magistrate Judge.

This case is before me for all purposes including trial. Currently ripe and ready for resolution is the United States' Notice of Filing of Defendant United States of America's Corrected Motion to Dismiss ("Defs Mot."). For the reasons indicated below, defendant's motion will be denied.

The Allegations of the Complaint

On April...

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