Legal Opinion

Carolyn Hurley, Individually, and as Parent and Guardian of James T. McNey v. United States of America Clinical Data, Inc., a Delaware Corporation

Court of Appeals for the Fourth Circuit

Decided January 23, 1991No. 89-2747PublishedCited by 27 opinions

1Opinion of the Court

EDWARD S. SMITH, Senior Circuit-Judge:

Carolyn Hurley, individually and as parent and guardian of James T. McNey, sued the United States pursuant to the Federal Tort Claims Act 1 alleging medical malpractice by staff personnel at the National Institutes of Health. In this appeal, she claims that defendant breached the standard of care, thereby proximately causing its patient, McNey, to lose a substantial possibility of a successful recovery. The United States District Court for the District of Maryland concluded that a loss of a substantial possibility of successful recovery was not a cause of…

2Cases cited13 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. United States v. MunizSupreme Court of the United States · 1963
  3. Harry J. Hicks, Administrator of the Estate of Carol Greitens, Deceased v. United StatesCourt of Appeals for the Fourth Circuit · 1966
  4. Peterson v. UnderwoodCourt of Appeals of Maryland · 1970
  5. Shilkret v. Annapolis Emergency Hospital Ass'nCourt of Appeals of Maryland · 1975

8 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Kilpatrick v. BryantTennessee Supreme Court · 1993
  2. Alberts v. SchultzNew Mexico Supreme Court · 1999
  3. United States v. St. Louis University, a CorporationCourt of Appeals for the Fourth Circuit · 2003
  4. Lawson v. United StatesDistrict Court, D. Maryland · 2006
  5. Muenstermann by Muenstermann v. United StatesDistrict Court, D. Maryland · 1992

22 more not listed; retrieve them via the Exa API.

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