Mark Maio Fernandez, an Incompetent, by His Guardian Ad Litem, August Fernandez v. United States

DUNIWAY, Circuit Judge:

The members of the panel are unanimously of the opinion that the decisional process would not be significantly aided by oral argument in this case and the case is therefore submitted without oral argument.

Mark Fernandez, by his guardian ad litem, appeals from a judgment dismissing his action against the United States under the Federal Tort Claims Act. We affirm.

I. Facts.

We take the facts from the trial judge’s Findings of Fact, which are not clearly erroneous.

Mark and his twin brother Wayne were born approximately six weeks prematurely at Tripler Army Medical Center in…