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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND JUDY STARR, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF TRACI JEAN STARR, et al. v. THE UNITED STATES OF AMERICA : : : : : : :

Civil Action WMN-02-2010

MEMORANDUM Before the Court is the Government's Motion to Dismiss Count I, or in the Alternative, for Summary Judgment (Paper No. 14). The motion is fully briefed and ripe for decision. Upon review

of the pleadings and applicable case law, the Court determines that no hearing is necessary (Local Rule 105.6) and that the Government's motion will be denied. I. BACKGROUND On August 21, 2000, Plaintiffs Judy and Jim Starr brought their daughter Traci, age 22, to the Kimbrough Ambulatory Care Center. Traci presented with complaints of vomiting and diarrhea

for the previous few days, no urine output, and abdominal pain. She was seen and treated by Dr. Swati Desai and was discharged on the same day. On August 23, 2000, Plaintiff Judy Starr found her

daughter unresponsive with "coffee ground" emesis around her nose and mouth, as well as on the bed linens. She was taken by

ambulance to the North Arundel Hospital, where she later died. In their Complaint, Plaintiffs allege that Traci died as a direct and proximate result of Defendant's failure to recognize and

respond properly to Traci's life-threatening medical condition on August 21, 2000. On March 5, 2001, Plaintiff Judy Starr, as Personal Representative of the Estate of Traci Jean Starr, completed and signed an SF-95 Claim for Damage, Injury or Death. The instant

federal lawsuit was filed on or about June 27, 2001 against the Government. The Complaint asserts claims against the Government

pursuant to the Federal Tort Claims Act (FTCA), 28 U.S.C.

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