Michelle Day v. United States

MELLOY, Circuit Judge.

In 2011, a radiologist with the United States Department of Veterans Affairs (“VA”) failed to identify a cancerous mass in the liver of James Avery Deweese Sr. The mass nearly doubled in size before it was finally diagnosed in 2013, and Dew-eese died shortly thereafter. Asserting survival and wrongful-death claims under Arkansas law, Deweese’s family and the administrator of his estate (“Plaintiffs”) filéd the present action against the United States pursuant to the Federal Tort Claims Act, 28 U.S.C. § 1346(b)(1). The United States conceded that the VA radiologist…