Perez v. United States

FINDINGS OF FACT AND CONCLUSIONS OF LAW

SCHEINDLIN, District Judge.

I. INTRODUCTION

This is a medical malpractice action brought pursuant to the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346(b), 2671 et seq. Venue is proper pursuant to 28 U.S.C. § 1391(b)(2) because the acts of negligence alleged in the complaint took place at the Manhattan Veteran’s Administration Medical Center (“VAMC”), which is located in the Southern District of New York.

Plaintiffs’ claims were tried to the Court without a jury in accordance with 28 U.S.C. § 2402. Plaintiffs’ claims consisted of Raul Perez’s (“Perez”)…