Borden v. Veterans Administration

This is an appeal from a district court order dismissing plaintiffs medical malpractice action brought under the Federal Tort Claims Act, 28 U.S.C. § 2674 [FTCA]. The alleged malpractice involved treatment of a knee injury which plaintiff sustained while he was on active duty in the United States Army. The district court dismissed the complaint as barred by the Supreme Court’s decision in Feres v. United States, 340 U.S. 135, 71 S.Ct. 153, 95 L.Ed. 152 (1950), as well as by Hamilton v. United States, 564 F.Supp. 1146, 1148 (D.Mass.), aff'd per curiam, 719 F.2d 1 (1st Cir.1983). In Feres the…