Feds Slammed For ‘Appalling’ Bid To Trim Wrongful Death Suit

Feds Slammed For ‘Appalling’ Bid To Trim Wrongful Death Suit


Law360 (June 1, 2021, 4:04 PM EDT) — Two parents suing the United States in New Mexico federal court over the wrongful death of their newborn baby at an Indian Health Service facility responded in horror to the government’s argument that they hadn’t proven a “sufficiently close relationship” to the girl, who only lived for three hours.

In a Friday response to a motion to dismiss their loss of consortium claim, Charlene Suina and Phillip Tolbert, parents of Rose Sky Tolbert, called the government’s position “inexplicable,” and “the most appalling and callous statements ever made in a pleading filed in this court.”

Suina and Tolbert sued the government in…

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