Toro v. United States

MEMORANDUM *

Nidia I. Toro (“Toro”) and her son Alejandro G. Toro appeal the district court’s judgment in favor of the government on their claims for medical malpractice and loss of consortium under the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq. After a bench trial, the court issued its findings pursuant to Rule 52 of the Federal Rules of Civil Procedure. We review the district court’s findings of fact for clear error and conclusions of law de novo. Zivkovic v. S. Cal. Edison Co., 302 F.3d 1080, 1088 (9th Cir.2002). We affirm.

First, Toro challenges the court’s holding that the Feres…