United States Fifth Circuit

In wrongful death and survival action against the U.S. under the Federal Tort Claims Act and Texas law, the district court erred in finding that an Army Medical Center policy established the applicable standard of care as to blood donations.

Appellate Information

• Decided 03/19/2003
• Published 03/19/2003

Judges

• HUDSPETH, District Judge:, Before HIGGINBOTHAM and DAVIS, Circuit Judges, and HUDSPETH, District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• George Watts Mauze, II (argued), Law Offices of George W. Mauze, II, San Antonio, TX, for Plaintiffs-Appellees., James F. Gilligan, Jr., Winstanley Fiddian Luke, Asst. U.S. Atty. (argued), San Antonio, TX, Claes H. Lewenhaupt (argued), U.S. Army, Arlington, VA, for Defendant-Appellant.