R. T. B. v. United States

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF WISCONSIN

R.T.B., a minor, by and through his parents and next friends Richard D. Breault and Maya M. Breault, RICHARD D. BREAULT, individually, and MAYA M. BREAULT, individually, OPINION and ORDER Plaintiffs, v. 19-cv-276-jdp

UNITED STATES OF AMERICA,

Defendant.

Plaintiffs Richard Dylan Breault (who goes by Dylan) and Maya Breault went to a military hospital in California, Naval Hospital Camp Pendleton (NHCP), for the birth of their child, R.T.B. Plaintiffs say that the doctors at NHCP were negligent in R.T.B.’s delivery and in resuscitating R.T.B. after the birth. They allege that R.T.B. suffers from cerebral palsy and will never live independently, and they assert claims under the Federal Tort Claims Act and California state law. The Breaults moved to Somerset, Wisconsin, after R.T.B.’s birth. They filed their case here in the Western District of Wisconsin, where they now live. Venue here is proper under 28 U.S.C. § 1402(b), because plaintiffs reside in this district. But venue would also be proper in the Southern District of California, where the relevant events…