United States Eighth Circuit

In a medical malpractice action against the U.S. based on plaintiff's contraction of hepatitis at an Air Force hospital, summary judgment for defendant is affirmed where: 1) plaintiff's administrative charge did not make out a lack of informed consent claim, and as a result she failed to exhaust her administrative remedies as to that claim; and 2) the district court did not abuse its discretion by not sua sponte granting plaintiff a continuance to retain new counsel or an expert witness when she never made such a request.

Appellate Information

• Decided 12/28/2009
• Published 12/28/2009

Judges

• MURPHY, Circuit Judge., Before MURPHY, SMITH, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Thomas Henry Boyd, argued, Michael Conlan, Winthrop & Weinstien, on the brief, Minneapolis, MN, for Plaintiff-Appellant.


• For Appellees:
  
• Shon Hastings, U.S. Attorney's Office, argued, Fargo, ND, for Defendant-Appellee.