Legal Opinion
Scalia v. United States
District Court, S.D. New York
Decided August 30, 1979No. 78 Civ. 2775 (LBS)PublishedCited by 8 opinions
1Opinion of the Court
OPINION
SAND, District Judge.
The question posed by the motion before this Court is whether the sole remedy against the United States for injuries sustained by a federal employee allegedly resulting from medical malpractice occurring while he was being treated by the Public Health Service (“PHS”) are those under the Federal Employees Compensation Act (“FECA”) even though the treatment is claimed to have been mistakenly provided for an illness which, if properly diagnosed, would not have been covered by FECA. We answer this question, upon which there is surprisingly little authority, in the…
2Cases cited20 opinions
- Stanley Bialowas, Jr. v. United StatesCourt of Appeals for the Third Circuit · 1971
- Lunsford v. United StatesCourt of Appeals for the Eighth Circuit · 1977
- Estelle E. Caton v. United States of AmericaCourt of Appeals for the Ninth Circuit · 1974
- Executive Jet Aviation, Inc. v. United StatesCourt of Appeals for the Sixth Circuit · 1974
- Best Bearings Co., an Illinois Corporation v. United StatesCourt of Appeals for the Seventh Circuit · 1972
15 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Austin v. Johns-Manville Sales Corp.District Court, D. Maine · 1981
- Robert E. Votteler, Jr. v. United StatesCourt of Appeals for the Second Circuit · 1990
- Coffey v. United StatesDistrict Court, E.D. New York · 1996
- D'ANGELO v. United StatesDistrict Court, W.D. New York · 1983
- Rosenberger v. United StatesDistrict Court, S.D. New York · 1987
3 more not listed; retrieve them via the Exa API.