Eleanor Merly, as Mother and Natural Guardian of Thomas A. Merly, Jr. v. United States

94 F.3d 652 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Eleanor MERLY, as mother and Natural Guardian of Thomas A. Merly, Jr., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 95-35343. United States Court of Appeals, Ninth Circuit. Submitted Aug. 5, 1996. * Decided Aug. 9, 1996. Before: GOODWIN, BRUNETTI, and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 Plaintiff Eleanor Merly appeals the decision of the district court denying her claim, under the Federal Tort Claims Act, for medical malpractice which she alleged caused her son's cerebral palsy. 3 We review for clear error the district court's factual determinations in a Federal Tort Claims Act action. Henderson v. United States, 846 F.2d 1233, 1234 (9th Cir.1988). The same standard applies to findings of proximate causation. Bunting v. United States, 884 F.2d 1143, 1145 (9th Cir.1989). 4 This case was essentially a battle of the experts: each side presented its own experts to advocate its…