Duncan v. West

MEMORANDUM OPINION

ELLIS, District Judge.

This case presents the question, not yet resolved in this circuit, whether the U.S. Army’s disallowance of an administrative claim for medical malpractice under the Military Claims Act (“MCA”), 10 U.S.C. § 2733, is subject to judicial review.

I1

While stationed with her service member husband in Europe, plaintiff, Barbara Duncan (“Duncan”), received health care at the U.S. Army Health Clinic (4th General Dispensary), in Darmstadt, Federal Republic of Germany. On September 3, 1991, Duncan, who was four months pregnant, sought treatment at the U.S. Army…