Stinchcomb v. United States

*30MEMORANDUM AND ORDER

WALDMAN, District Judge.

Presently before the court is defendant’s motion pursuant to Fed.R.Civ.P. 35(a) to compel a physical examination of the minor plaintiff in this case.

Plaintiffs are seeking damages for minor plaintiff’s brain damage and retardation which they allege resulted from negligent neonatal care by physicians employed by the defendant. The defendant states that one of the defenses it will proffer is that the condition complained of is congenital.

The defendant is asking that the minor plaintiff, age ten and a resident of New York City, submit to a physical…