Timothy Brown, Individually and as Next Friend of Melody Brown, His Minor Daughter v. United States

OPINION

MARTHA CRAIG DAUGHTREY, Circuit Judge.

In this appeal, brought by plaintiff Timothy Brown on behalf of his minor child, Melody, we are asked to reinstate the plaintiffs medical malpractice complaint against the United States, filed pursuant to the Federal Tort Claims Act, 28 U.S.C. § 1346(b). That complaint was dismissed by the district court for lack of subject matter jurisdiction, under Feres v. United States, 340 U.S. 135, 71 S.Ct. 153, 95 L.Ed. 152 (1950), as applied to prenatal injuries by this court in Irvin v. United States, 845 F.2d 126 (6th Cir.1988). Because the facts in this…