Veasley ex rel. Veasley v. United States

Good Law
201 F. Supp. 3d 1190·2016 WL 4262186·2016 U.S. Dist. LEXIS 107113
United States District Court, Southern District of CaliforniaAugust 12, 2016CASE NO. 12-cv-3053-WQH-WVGCalifornia13,458 words

Opinion

Lead Opinion

Hayes, J.

ORDER

The matter before the Court is the Findings of Fact and Conclusions of Law pursuant to Rule 52(a) of the Federal Rules of Civil Procedure. Plaintiffs bring this action for medical negligence against the United States of America pursuant to the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346 (b)(1), 2671-2680. 1 On October 27, 2015, the Court held a nine-day bench trial, at which it heard testimony and received exhibits.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

I. Factual Background

A. Placement of Intrauterine Device

In April 2008, Mildred Veasley (“Veas-ley”) delivered her second child in Japan, where her husband Rodney Veasley was stationed as an active duty United States Marine. In or around June 2008, Rodney Veasley’s duty station was changed from Japan to Camp Pendleton, California.

On July 31, 2008, Veasley had an appointment at the Naval Hospital Camp Pendleton (“NHCP”) with Dr. Jennifer Almy, a NHCP family practice physician. During the month before the appointment, Veasley testified that she and Rodney were using condoms to avoid becoming pregnant. At her appointment, Veasley told the health care providers that her last menstrual period (“LMP”) began on…

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