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Sixth circuit waives Feres doctrine for prenatal injuries.

Publication: Trial
Publication Date: 01-JAN-07
Format: Online
Delivery: Immediate Online Access

Article Excerpt
The Sixth Circuit has allowed a lawsuit against a U.S. Navy doctor to go forward, ruling that the case is not barred by the so-called Feres doctrine, which limits government liability under the Federal Tort Claims Act (FTCA). The decision clears the way for a case alleging that the doctor's improper prenatal care led to birth defects in a servicewoman's child. (Brown v. United States, 462 F.3d 609 (6th Cir. 2006).)

"The effect of this ruling could be enormous," said Jamal Alsaffar, an Austin, Texas, lawyer who represented the plaintiff. "This has really changed what has been...

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