Roy C. Haven, Jr., a Minor by His Next Friend v. Judson G. Randolph, M.D.

We affirm the judgment below directing a verdict in favor of all defendants on both counts of the plaintiffs’ complaint. We rely primarily on the findings and reasoning set out in District Judge Flannery’s opinion, reported as Haven v. Randolph, 342 F.Supp. 538 (D.D.C.1972).

However, in his dissent Judge Van Pelt raises a question to which we should respond specifically. He believes that the jury could have reasonably inferred from the evidence produced at trial, particularly the testimony of Dr. Randolph himself, that Dr. Randolph had violated the applicable standard of care in administering…