United States Tenth Circuit

Dismissal of a suit against the U.S. under the Federal Tort Claims Act (FTCA) arising from the death of plaintiff's wife, a member of the Navajo Nation, from hantavirus is affirmed where a treating physician was an independent contractor at the time of service, and there was no basis to estop the U.S. from asserting the independent contractor defense.

Appellate Information

• Decided 06/28/2006
• Published 06/28/2006

Judges

• LUCERO, Circuit Judge., Before LUCERO, McKAY, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Henry S. Howe, Henry S. Howe, P.C., Gallup, NM, for the Plaintiffs-Appellants.


• For Appellees:
  
• Jan Elizabeth Mitchell, Assistant U.S. Attorney (David C. Iglesias, United States Attorney with her on the brief), Albuquerque, NM, for the Defendant-Appellee.