Blankenship v. United States

MEMORANDUM OPINION

Hon. Glen E. Conrad, Chief United States District Judge

Plaintiff Dustin Blankenship, a veteran, filed this action against the United States pursuant to the Federal Tort Claims Act, 28 U.S.C. § 1346(b) and 28 U.S.C. §§ 2671, et seq., as well as under state law, 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 the United States’ motion to dismiss for lack of subject matter jurisdiction over the plaintiffs claims of negligence on the part of…