MacDonald v. United States

MEMORANDUM

McCLURE, District Judge.

Background

Plaintiff Donald J. MacDonald filed this action against the United States of America under the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680 (FTCA), alleging that surgery performed on his left leg on April 2, 1986 at the Veterans Administration Medical Center at Wilkes-Barre, Pennsylvania was performed without his informed consent. 1 Plaintiff alleged that the surgery exacerbated, to an extreme degree, a pre-existing chronic venous insufficiency problem, leaving him substantially disabled.

Following a bifurcated bench trial, the court issued its…