Sharon Moats v. US

Filing 920090812

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-1547 SHARON MOATS, Plaintiff - Appellant, and WILLIAM MOATS, Plaintiff, v. UNITED STATES OF AMERICA, Defendant Appellee, and CITY HOSPITAL, INCORPORATED; COURTNEY STRUTHERS, M.D.; DAWN REED JONES, M.D.; SHENANDOAH VALLEY MEDICAL SYSTEM, INCORPORATED; WVUH-EAST; GATEWAY REGIONAL HEALTH SYSTEM, INCORPORATED, Defendants. Appeal from the United States District Court for the Northern District of West Virginia, at Martinsburg. John Preston Bailey, Chief District Judge. (3:06-cv-00120-JPB-JES; 3:07-cv-00022JPB) Submitted: July 30, 2009 Decided: August 12, 2009 Before TRAXLER, Chief Judge, HAMILTON, Senior Circuit Judge. DUNCAN, Circuit Judge, and Affirmed by unpublished per curiam opinion. Barry J. Nace, PAULSON & NACE, Washington, D.C., for Appellant. Sharon L. Potter, United States Attorney, Helen Campbell Altmeyer, Assistant United States Attorney, Wheeling, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: Sharon Moats appeals from the district court's orders granting judgment in favor of the Defendant in her professional liability action brought pursuant to the Federal Tort Claims Act and alleging medical malpractice and by physicians her at Shenandoah for Community Health Center denying motion reconsideration, a new trial, and judgment. * appeal that the district court erred in Moats argues on finding that the Shenandoah Community Health Center physicians were not negligent in their care of her. reversible error. We have reviewed the record and find no Accordingly, we affirm for the reasons stated United States v. Moats, Nos. 3:06-cv(N.D.W. Va. Mar. 19 & 27, by the district court. 00120-JPB-JES; 2008). 3:07-cv-00022-JPB We dispense with oral argument because the facts and legal before contentions the court are and adequately argument presented not in aid the the materials decisional would process. AFFIRMED The United States was substituted as the Defendant for the physicians at Shenandoah Community Health Center. * 3

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