Coltrain v. United States

999 F.2d 542 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Thomasina COLTRAIN, individually, and as personal representative of the estate of Patrick Lee Coltrain, Sr., deceased; and as Guardian ad Litem for Angelina D. Coltrain; Jennifer Ann Coltrain; Terry Robert Coltrain; Patrick Lee Coltrain II, minor children, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee. No. 92-36550. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 12, 1993. Decided July 23, 1993. Before CANBY, WIGGINS and T.G. NELSON, Circuit Judges. 1 MEMORANDUM * OVERVIEW 2 Thomasina Coltrain appeals from the district court's order dismissing her action for damages under the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680 ("FTCA"), for the death of her husband, who died of a brain abscess while on active duty with the Army. Coltrain contends that her husband received negligent medical care from Army medical personnel in Colorado and West Germany,…