Gary Kipp v. United States

BEAM, Circuit Judge.

Gary Kipp (Kipp) appeals the district court’s 1 order granting judgment to the government on his negligence claims in which he sought to recover damages for the death of his mother (Cheryl Kipp) due to a blood transfusion contaminated with the human immunodeficiency virus (HIV)- Because Kipp failed to prove causation, a required element of his negligence claims, we affirm.

I. BACKGROUND

Kipp brought this negligence action under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b) & 2671, both in his individual capacity and in his capacity as the representative of Cheryl Kipp’s…