Gallardo Ex Rel. Gallardo v. United States

BRISCOE, Chief Judge.

Plaintiffs Maria Gallardo and her minor child, DRG, who was born with cerebral palsy, filed this action against the United States of America pursuant to the Federal Tort Claims Act. Plaintiffs claimed that the performance of Ms. Gallardo’s attending obstetrician, Dr. Jeffery McCutcheon, fell below the applicable standard of care during the labor and delivery of DRG. After conducting a bench trial, the district court found in favor of the United States. Plaintiffs now appeal. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we affirm the judgment of the district court.