Buchea v. United States

MICHAEL DALY HAWKINS, Circuit Judge:

We decide an issue of first impression: does a Tribal Custom Adoption, recognized by Alaska state authorities at the instance of tidal authorities, preclude the adopted child from recovery under Alaska’s Wrongful Death statutes for the loss of a biological parent?

Dora Buchea, mother and personal representative of the Estate of Wayne Booshu, appeals the district court’s summary judgment dismissal of her action under the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680, seeking damages for medical malpractice for the wrongful death of Booshu, who died in…