95 Cal. Daily Op. Serv. 6655, 95 Daily Journal D.A.R. 11,414, 95 Daily Journal D.A.R. 11,501 Michael Saunders, a Minor, by and Through His Guardian, Mary Ann Saunders v. United States

64 F.3d 482 95 Cal. Daily Op. Serv. 6655 , 95 Daily Journal D.A.R. 11,414, 95 Daily Journal D.A.R. 11 ,501 Michael SAUNDERS, a minor, By and Through his guardian, Mary Ann SAUNDERS, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 93-56599. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 3, 1995. Decided Aug. 23, 1995. Janice M. Corsino, Pasadena, CA (argued), and George E. Moore, Pasadena, CA (on the briefs), for plaintiff-appellant. Robert D. Kamenshine, U.S. Dept. of Justice, Washington, DC, for defendant-appellee. Appeal from the United States District Court for the Central District of California. Before McKAY, * REINHARDT, and FERNANDEZ, Circuit Judges. Opinion by Judge McKAY; Dissent by Judge FERNANDEZ. McKAY, Circuit Judge: 1 Michael Saunders, the plaintiff, is the third child born to Mrs. Saunders. Mrs. Saunders prematurely gave birth to her first child on September 15, 1983. He died a few days later from a brain hemorrhage. On October 1, 1984, Mrs. Saunders gave birth to her second child, Brian, by caesarian section at Columbus Air Force Base Hospital in Mississippi. Brian, who was also slightly premature, survived in…