Blankenship v. United States

MEMORANDUM OPINION

GLEN E. CONRAD, Chief Judge.

Plaintiff Dustin Blankenship, an Iraqi war veteran, filed this action against the United States, seeking to recover for injuries he sustained during a knee surgery performed at the Salem Veterans Affairs Medical Center (“SVAMC”) in Salem, Virginia. The case is now before the court on two motions to dismiss filed by the United States. For the following reasons, those motions will be granted in part and denied in part.

Factual and Procedural Background

The following facts, taken from Blankenship’s complaint, are accepted as true for purposes pf…