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Circuit Court Says U.S. Tort Claims Must State Damages in 'Sum Certain'

By Janice G. Inman

In a case that did not involve a medical malpractice allegation but that could affect the prosecution of cases against the United States for botched medical care, the U.S. Court of Appeals for the Third Circuit recently held that a lawsuit could not go forward until a “sum certain” in damages was alleged. The case, White-Squire v. United States Postal Service, — F.3d —-, 2010 WL 293048 (C.A.3 (N.J.)), affirmed a district court's dismissal of a suit brought in accordance with the Federal Tort Claims Act (FTCA).

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