Rendon v. United States

MEMORANDUM

LUDWIG, District Judge.

Defendant United States moves to dismiss this action on the ground that it is barred by the Federal Torts Claims Act, 28 U.S.C. § 1346. Fed.R.Civ.P. 12. Before the issue can be reached, it is necessary to decide the propriety of the substitution of the United States as a party defendant. Because the record on that subject is not ready for a ruling, the disposition of the dismissal motion will be deferred.

Plaintiff Zulay Rendon is the parent of Karina Garcia, a minor, whose care by a number of physicians is alleged to have resulted in avascular necrosis. On…