Hammerlord
M Norman Hammerlord v. Secretary Doug Collins, Department of Veteran Affairs; Director Frank Pearson, VA San Diego Healthcare System; Ying Wu MD, Primary Care VA San Diego
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Case No.: 25cv0882 DMS (JLB)
M NORMAN HAMMERLORD,
Plaintiff, ORDER DISMISSING COMPLAINT v. WITHOUT PREJUDICE FOR
FAILING TO STATE A CLAIM
SECRETARY DOUG COLLINS,
UPON WHICH RELIEF CAN BE
Department of Veteran Affairs; GRANTED PURSUANT TO 28 U.S.C. DIRECTOR FRANK PEARSON, VA San § 1915(e)(2)(B)(ii) Diego Healthcare System; YING WU MD, Primary Care VA San Diego, 16 Defendants.
18 19 Plaintiff is an 80-year-old disabled veteran who receives medical care through the Department of Veterans Affairs (“VA”). (First Am. Compl. (“FAC”) at 5-6.) In July 2024, Plaintiff went to the VA hospital in La Jolla, California, due to shortness of breath and chest pain. (Id. at 7.) He was diagnosed with dyspnea and told to schedule a follow up visit with his primary care physician (“PCP”). (Id.) Plaintiff had a video appointment with his PCP Ying Wu, M.D.…