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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

MARIA KELLY, Individually, as surviving Parent and as Personal Representative of * the Estate of TANYA MARIE STANLEY, et al. * Plaintiffs vs. TOTAL HEALTH CARE, INC. Defendant Petitioner * * * o0o * * *

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CIVIL NO. JFM-99-2433

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MEMORANDUM This is a medical malpractice action instituted by Maria Kelly, Individually and as Personal Representative of the Estate of Tanya Marie Stanley. The action was originally instituted in

the Circuit Court for Baltimore City against Total Health Care, Inc. Plaintiff obtained a default judgment against Total The United States

Health Care which was subsequently set aside.

then filed a motion to be substituted as the defendant and removed the action to this Court. After removal, the government

filed a motion to dismiss on the ground that any claim against

Total Health Care is governed by the Federal Tort Claims Act (FTCA). I Plaintiff's daughter died on February 10, 1996. Plaintiff

alleges that her death resulted from Total Health Care's failure to properly diagnose and treat her salmonella poisoning. At the

time, Total Health Care was "deemed" a federally supported health center by the Public Health Service Bureau. By virtue of

that designation, its employees were considered to be employees of The Public Health Service whose conduct is governed b y

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Maryland Law