Eddy M. Pineda Elizabeth Pineda, Individually and in Their Capacity as Parents and Guardians of Jeshua A. Pineda v. United States

Good Law
42 F.3d 1401·1994 WL 684542·1994 U.S. App. LEXIS 39512
United States Court of Appeals for the Ninth CircuitDecember 7, 199493-15004California3,090 words

Opinion

Opinion

42 F.3d 1401 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Eddy M. PINEDA; Elizabeth Pineda, individually and in their capacity as parents and guardians of Jeshua A. Pineda, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee. No. 93-15004. United States Court of Appeals, Ninth Circuit. rgued and Submitted March 16, 1994. Decided Dec. 7, 1994. Before: CHOY, REINHARDT, and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 The Pinedas filed this action against the United States for medical malpractice under the Federal Tort Claims Act, 28 U.S.C. Sec. 1346 (b). After a trial, the court found that the evidence did not support the claim that the monitor attached to the Pineda's infant son, Jeshua, indicated numerous high heart alarms in the hours before Jeshua suffered a cardiac arrest that led to permanent brain damage. At issue on appeal is: (1) whether the district court erred by reversing the Magistrate Judge's decision to compel the production of certain witness…

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