Legal Opinion

Gary W. Kendrick Shane Kendrick, a Minor Child v. United States of America, (Two Cases)

Court of Appeals for the Fourth Circuit

Decided July 26, 1989No. 88-1350, 88-3891PublishedCited by 27 opinions

1Opinion of the Court

CHAPMAN, Circuit Judge:

This case presents the question of whether the doctrine established in Feres v. United States, 340 U.S. 135, 71 S.Ct. 153, 95 L.Ed. 152 (1950), bars an action brought under the Federal Tort Claims Act by an individual on the Army’s Temporary Disability Retired List alleging medical malpractice. The appellant alleges that attending military physicians negligently continued to prescribe Dilantin, a potentially toxic drug, for a seizure disorder without adequately monitoring the level of such medication in his blood. A toxic level of Dilan-tin, the appellant contends, was…

2Cases cited23 opinions

  1. Feres v. United StatesSupreme Court of the United States · 1950
  2. Chappell v. WallaceSupreme Court of the United States · 1983
  3. United States v. StanleySupreme Court of the United States · 1987
  4. United States v. Standard Oil Co. Of CaliforniaSupreme Court of the United States · 1947
  5. United States v. ShearerSupreme Court of the United States · 1985

18 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Josef T. Appelhans, Jr. v. United StatesCourt of Appeals for the Fourth Circuit · 1989
  2. Carol Clendening v. United StatesCourt of Appeals for the Fourth Circuit · 2021
  3. Bradley v. United StatesCourt of Appeals for the Fourth Circuit · 1998
  4. Minns v. United StatesCourt of Appeals for the Fourth Circuit · 1998
  5. Wofton J. Stewart v. United StatesCourt of Appeals for the Fourth Circuit · 1996

22 more not listed; retrieve them via the Exa API.

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