Stephenson v. United States

OPINION

BLACK, District Judge.

THIS MATTER comes before the Court for consideration of cross-motions for summary judgment filed by the parties (Docs. 57, 64, 72). The Court has reviewed the submissions of the parties and the relevant law, and, for the reasons set forth below, finds that Defendant’s motion will be denied, and Plaintiffs motion granted.

This is a Federal Tort Claims Act (“FTCA”) case that has been before the Court once before, on a motion to dismiss. Plaintiff is suing on behalf of her son, Zachary, who was born in a military hospital on June 9, 1994, and suffered a condition…