Patricia Van Sickel, Michael John Van Sickel, Patricia Ann Van Sickel v. United States

Appellants appeal from the order of the district court dismissing their complaint filed against the United States for damages which it is alleged they sustained because of the allegedly wrongful death of Sergeant Donald Francis Van Sickel [the deceased husband of appellant Patricia Van Sickel, and the deceased father of the .other appellants who are minor children of the decedent and appellant Patricia Van Sickel] who, while on active duty in the United States Marine Corps at Camp Pendleton, California, was admitted to the United States Naval Hospital at Camp Pendleton, California, for the purpose of having an operation performed on him. The complaint alleges that the United States “acting through its agents, servants and employees, carelessly, negligently and unskillfully operated on, cared for, and re-operated on said” decedent, and that he died as a direct and proximate result of the negligence, carelessness and unskillfulness of the United States, acting through such agents and employees.

Jurisdiction of the district court was based on the Federal Tort Claims Act, Title 28 U.S.C.A. §§ 1346 (b), 2674 et seq. This Court has jurisdiction under Title 28 U.S.C.A. §§ 1291 and…