Carianne C. Cutshall, Individually and as Parent and Natural Guardian of Brandon T. Cutshall Brandon T. Cutshall, a Minor Child v. United States

BRIGHT, Circuit Judge.

Carianne C. Cutshall, a corporal in the United States Marine Corps, filed this action seeking damages for medical malpractice under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346(b). The United States government moved for summary judgment, arguing that the Feres doctrine bars suits by military personnel for injuries that “arise out of or are in the course of activity incident to service.” Feres v. United States, 340 U.S. 135, 146, 71 S.Ct. 153, 159, 95 L.Ed. 152 (1950). The district court denied summary judgment, and the Government appeals. Based on United States…