Thomas

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 BRANDON LEE THOMAS CASE NO. 3:19-cv-0100-CAB-LL (individually and as successor in interest for Michael Thomas), Court’s Findings of Fact and Conclusions of Law Pursuant to Fed.R.Civ.P. 52(a) Plaintiff,

v.

UNITED STATES OF AMERICA,

Defendant.

The following are this Court’s Findings of Fact and Conclusions of Law pursuant to Rule 52(a) of the Federal Rules of Civil Procedure. I. Introduction This is a Federal Tort Claims Act (“FTCA”) case arising from the cancer-related death of Michael James Thomas (“Thomas”) brought by his son, plaintiff Brandon Lee Thomas (“Plaintiff”). Thomas was in the care of the Veterans Affairs San Diego Health 24 Care System (“VASDHS”). Nurse Practitioner (“NP”) Andrea Bianco was his primary 25 care provider. Plaintiff alleges that NP Bianco failed to use the level of skill, knowledge 26 and care that a reasonably prudent nurse practitioner would have used in the treatment 27 of a patient who presented with …