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29.  

28 U.S.C.A. §§ 2674–2680 (West 1992); Keir v. U.S., 853 F.2d 398 (6th Cir. 1988); Supchak v. U.S., 365 F.2d 844 (3d Cir. 1966).

30.  

340 U.S. 135 (1950). A later case extended this immunity to injuries incurred while participating voluntarily in a military experiment. U.S. v. Stanley, 483 U.S. 669 (1987).

A health care provider acting within the scope of his employment in the military may not be sued independently for malpractice. 10 U.S.C.A. § 1089 (West 1992); U.S. v. Smith, 111 S.Ct. 1180 (1991).

31.  

Irvin v. U.S., 845 F.2d 126 (6th Cir.), cert. denied, 488 U.S. 975 (1988); cf., Scales v. U.S., 685 F.2d 970 (5th Cir. 1982), cert. denied, 460 U.S. 1082 (1983)(child born with congenital rubella syndrome because mother negligently given rubella vaccine while pregnant).

32.  

Mondelli v. U.S., 711 F.2d 567 (3d Cir. 1983), cert. denied, 465 U.S. 1021 (1984); Lombard v. U.S., 690 F.2d 215 (D.C. Cir. 1982), cert. denied, 462 U.S. 1118 (1983); Monaco v. U.S. 661 F.2d 129 (9th Cir. 1981), cert. denied, 456 U.S. 989 (1982).

33.  

These courts reason that the child injured in utero is in the same position as the civilian dependent injured by the negligence of military personnel whose claims are not barred by Feres. They vary, however, in their receptiveness to parents' claims. Romero v. U.S., 954 F.2d 223 (4th Cir. 1992)(parents allowed to pursue claims for "loss of filial love, mental anguish, and the financial burden for Joshua's physical condition" as well); Del Rio v. U.S., 833 F.2d 282 (11th Cir. 1987)(however, mother's claim for wrongful death of one twin barred by Feres); Graham v. U.S., 753 F. Supp. 994 (D. Me. 1990)(parents' claims waived).

34.  

Johnson v. U.S., 735 F. Supp. 1 (D.D.C. 1990), mot. denied, partial summary jment granted, 1993 U.S. Dist. LEXIS 137 (D.D.C. 1993). She alleged that she was incorrectly told that she was HIV positive which led her to have an abortion she otherwise would not have had.

35.  

Patients, Doctors, and Lawyers: Medical Injury, Malpractice Litigation, and Patient Compensation in New York: The Report of the Harvard Medical Practice Study to the State of New York. 1990; JS Kakalik, NM Pace, Costs and Compensation Paid in Tort Litigation. 1986.

36.  

Bealer v Hoffman-La Roche, Inc., 729 F. Supp. 43 (ED La 1990); Hunt v Hoffman-LaRoche, Inc., 785 F. Supp. 547 (D. Md. 1992); Felix v. Hoffman-La Roche, Inc., 540 So.2d 102 (Fla. 1989); see generally Salmon v. Parke-Davis, 520 F.2d 1359 (4th Cir. 1975); McDaniel v. McNeil Laboratories, 241 N.W.2d 822 (Neb. 1976).

37.  

Elizabeth L. Bowles, The Disenfranchisement of Fertile Women in Clinical Trials: The Legal Ramifications of and Solutions for Rectifying the Knowledge Gap, 45 Vand. L. Rev. 877 (1992).



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