M.M.H. v. United States
Court of Appeals for the Seventh Circuit
1Opinion of the Court
ESCHBACH, Senior Circuit Judge.
The plaintiff, abbreviated in the papers as M.M.H., was formerly an active member of the United States Army. The United States may have committed at least two torts against her. First, the army mistakenly determined that she was infected with the HIV-III virus which causes AIDS. Then, after a second blood test indicated that the plaintiff was not infected, the army failed to inform her of this fact. The initial misdiagnosis occurred while the plaintiff was on active duty, so the Feres 1 doctrine precludes the plaintiff from recovering for that tort. The question…
2Cases cited22 opinions
- Feres v. United StatesSupreme Court of the United States · 1950
- Chappell v. WallaceSupreme Court of the United States · 1983
- United States v. StanleySupreme Court of the United States · 1987
- United States v. ShearerSupreme Court of the United States · 1985
- United States v. BrownSupreme Court of the United States · 1954
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3Cited by24 opinions
- Chizmar v. MacKieAlaska Supreme Court · 1995
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- Gregory Maas, Frank Felinski, Richard Sciaraffa, and Gregory Binnebose v. United StatesCourt of Appeals for the Seventh Circuit · 1996
- Carol Clendening v. United StatesCourt of Appeals for the Fourth Circuit · 2021
- Jeannemarie Selbe v. United StatesCourt of Appeals for the Seventh Circuit · 1997
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