Toro

MEMORANDUM *

Nidia I. Toro (“Toro”) and her son Alejandro G. Toro appeal the district court’s judgment in favor of the government on their claims for medical malpractice and loss of consortium under the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq. After a bench trial, the court issued its findings pursuant to Rule 52 of the Federal Rules of Civil Procedure. We review the district court’s findings of fact for clear error and conclusions of law de novo. Zivkovic v. S. Cal. Edison Co., 302 F.3d 1080, 1088 (9th Cir.2002). We affirm.

First, Toro challenges the court’s holding that the Feres doctrine precludes her claim for injuries sustained while she was serving in the Army Reserves. See Feres v. United States, 340 U.S. 135, 146 , 71 S.Ct. 153 , 95 L.Ed. 152 (1950) (“[T]he Government is not liable under the Federal Tort Claims Act for injuries to servicemen where the injuries arise out of or are in the course of activity incident to service.”). She does not challenge that Feres bars her claim for injuries received during active duty. Even if the court erred in extending Feres to the period while Toro was in reserve, Toro could not prevail on this claim on the merits. The…