Gallardo v. United States of America

Plaintiffs Maria Gallardo and her child, who was born with cerebral palsy, filed suit against the United States of America pursuant to the Federal Tort Claims Act. Plaintiffs claimed that the performance of Ms. Gallardo's attending obstetrician, Dr. Jeffery McCutcheon, fell below the applicable standard of care during the labor and delivery of the child. After a bench trial, the district court found in favor of the United States. On appeal, plaintiffs asserted seven separate challenges to the district court's order finding in favor of the government. However, the Tenth Circuit Court of Appeals concluded that all seven challenges lacked merit. And, for that reason, the Court affirmed the district court's judgment in favor of the United States. View "Gallardo v. United States of America" on Justia Law