Full opinion text
ORDER JOHN P. MOORE, Circuit Judge. This matter is before us following a response by the Supreme Court of the State of Kansas to our certification of the question whether Kansas recognizes the theory of the loss of chance of recovery. See Delaney v. Cade, 255 Kan. 199, 873 P.2d 175 (1994). The certified question having been answered affirmatively, the portion of the judgment over which we retained jurisdiction in this matter is REVERSED and the cause REMANDED for further proceedings. The mandate shall issue forthwith.