G. Knute Woerth and G. Knute Woerth D/B/A Lamplighter of Lexington, Plaintiff v. United States

G. Knute Woerth brought this action against the United States (“the government”) under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 2671 et seq., for injuries he sustained as a result of the government’s alleged negligence. The facts are undisputed. Woerth contracted hepatitis from his wife, who was employed as a staff nurse by the Veteran’s Administration Hospital in Lexington, Kentucky. Mrs. Woerth had contracted the disease as a result of the hospital’s failure to follow its own prophylactic procedures.

Mrs. Woerth was awarded benefits under the Federal Employee’s Compensation Act…