Estate of Whitling Ex Rel. Whitling v. United States

FINDINGS OF FACT AND CONCLUSIONS OF LAW

McLAUGHLIN, District Judge.

This civil action arises under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346, 2671-80. Plaintiffs filed a complaint for wrongful death alleging that the Veterans Administration Medical Center (“VA Medical Center”) was grossly negligent in their treatment and diagnosis of Albert L. Whitting, Jr. and that they were grossly negligent in issuing him grounds privileges, failing to make a timely search for him after he disappeared and failing to properly supervise him. Plaintiffs allege that this negligence was the direct…