Legal Opinion

Carswell v. Childrens National Medical Center

District Court, District of Columbia

Decided September 17, 2002No. Civ. 99-2748 (RWR/JMF)Published

1Opinion of the Court

MEMORANDUM OPINION

FACCIOLA, United States Magistrate Judge.

This case is before me for all purposes including trial. Currently ripe and ready for resolution is the United States’ Notice of Filing of Defendant United States of America’s Corrected Motion to Dismiss (“Defs Mot.”). For the reasons indicated below, defendant’s motion will be denied.

The Allegations of the Complaint

On April 23, 1993, Alex Carswell (“Alex”), an infant, underwent elective surgery at Children’s National Medical Center. Complaint (“Compl.”) ¶ 1. Alex died the next day. Compl. ¶ 8. Following Alex’s death, an autopsy was…

2Cases cited5 opinions

  1. United States v. KubrickSupreme Court of the United States · 1979
  2. Jane Doe v. United States Department of JusticeCourt of Appeals for the D.C. Circuit · 1985
  3. Gabriel v. Corrections Corp. of AmericaDistrict Court, District of Columbia · 2002
  4. Mac'Avoy v. Smithsonian InstitutionDistrict Court, District of Columbia · 1991
  5. Lewis v. United StatesDistrict Court, District of Columbia · 2001

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