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Tag Archives: Federal Tort Claims Act

VA failed to timely diagnose cancer, judge rules, awards $5.7M

A federal judge has awarded a Cape Girardeau couple $5.7 million in damages after finding that the federal government, through the Department of Veterans Affairs, was negligent in failing to timely diagnose a man’s prostate cancer. On Dec. 30, U.S. ...

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Civil Practice: Federal Tort Claims Act-Statute of Limitations-Equitable Tolling

Where appellant challenged the district court’s finding that her claim under the Federal Tort Claims Act was time-barred, the court properly found that the action was untimely, and she did not present evidence to show fraudulent concealment or incapacity to ...

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Birth injury settled for $1M as federal tort claim

An infant injured at birth at a federally funded health care facility in Illinois reached a $1 million settlement with the U.S. government, according to his attorneys. Rachel Roman and David Zevan of Zevan Davidson Roman in St. Louis said ...

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Torts: Federal Tort Claims Act-Discretionary Function Exception-Sovereign Immunity

Where a man, who was severely injured while working in a gravel mine, sued the United States under the Federal Tort Claims Act alleging that his injuries were caused in part by a federal mine inspector’s inadequate inspection, the discretionary-function ...

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Couple settles malpractice suit for birth injury

A Camdenton couple has reached a $5.1 million settlement in their case against the U.S. government for a birth injury that occurred at a federally funded clinic. The couple, Jamie and Nathan Searcy, filed suit in 2016 in the U.S. ...

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Torts:Federal Tort Claims Act-Motion to Recuse-Prima Facie Claim

Plaintiffs appealed from the dismissal of their action brought pursuant to 28 U.S.C. §1346(b) and the Federal Tort Claims Act against three agencies within the U.S. Department of Agriculture. Plaintiffs further appealed from the district court judge’s denial of their ...

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