White v. United States

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This case comes before the Court upon cross-motions for summary judgment. Plaintiffs in this action are members of a family claiming various injuries as a result of the “wrongful birth” of plaintiff Elijah Lyon White, after his mother, Margaret L. White, had undergone a tubal ligation. This operation was performed by an Army physician at the U.S. Army Hospital in Fort Stewart, Georgia, on April 29,1977. Elijah was born in April, 1978, at Fort Leavenworth, Kansas. The Court has jurisdiction pursuant to 28 U.S.C. § 1346.

Count I of the complaint…