Sabelita Hawkins v. United States

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

SABELITA HAWKINS, an individual No. 19-35918 and resident of the State of Washington, D.C. No. Plaintiff-Appellant, 2:16-cv-00498-

JLR

v.

UNITED STATES OF AMERICA; OPINION

DEPARTMENT OF VETERANS

AFFAIRS; VA PUGET SOUND HEALTH

CARE SYSTEM; JOHN DOES, 1–10;

JANE DOES, 1–10,

Defendants-Appellees.

Appeal from the United States District Court for the Western District of Washington James L. Robart, District Judge, Presiding

Argued and Submitted June 8, 2021 Seattle, Washington

Filed September 28, 2021

Before: William A. Fletcher, Paul J. Watford, and Daniel P. Collins, Circuit Judges.

Opinion by Judge Watford SUMMARY *

Federal Tort Claims Act / Federal Employees’ Compensation Act

The panel reversed the district court’s judgment against the plaintiff in her Federal Tort Claims Act (“FTCA”) action alleging negligent medical care provided by Drs. Daniel Doan and Carl Jensen at a hospital run by the Department of Veterans Affairs (“VA”).

Plaintiff is a veteran of the U.S. Navy who suffered a mental breakdown at…