ORDUNA v. United States

UNITED STATES DISTRICT COURT DISTRICT OF MAINE ALEXANDRIA ORDUNA ) as mother and next friend of E.O., ) a minor ) ) Plaintiff ) ) v. ) No. 1:20-cv-00228-LEW ) UNITED STATES OF AMERICA, ) ) Defendant ) DECISION ON MOTION TO DISMISS In this medical malpractice action, the United States is the Defendant pursuant to the integrated operation of the Public Health Service Act, 42 U.S.C. § 233, and the Westfall provision of the Federal Tort Claims Act,

28 U.S.C. § 2679.1

Plaintiff Alexandria Orduna, mother of minor E.O., alleges that her infant’s physician’s assistant (“PA”) detected signs of physical…