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Lance v. U.S.

United States Court of Appeals, Ninth Circuit
Nov 27, 1995
70 F.3d 1093 (9th Cir. 1995)

Summary

concluding district court properly dismissed the plaintiff's “action to the extent complaint named Does 1 through 20 as additional defendants”

Summary of this case from Eagle Meadows Rd. & Prop. Owners' Ass'n v. USDA Forest Serv.

Opinion

No. 94-56579.

Submitted November 14, 1995 Pasadena, California

The panel unanimously finds this case suitable for submission on the record and briefs and without oral argument. Fed.R.App.P. 34(a), 9th Cir.R. 34-4.

Filed November 27, 1995

Barry S. Zelner, Beverly Hills, California, for the plaintiff-appellant.

Suzette Clover, Assistant United States Attorney, Los Angeles, California, for the defendant-appellee.

Appeal from the United States District Court for the Central District of California.

D.C. No. CV-94-02374-ER

Before: Jerome Farris, Melvin Brunetti and Alex Kozinski, Circuit Judges.



Lance was a volunteer worker at a Veterans Administration hospital. He was injured at the hospital and received treatment for the injury there. He's now suing the government under the Federal Tort Claims Act for medical malpractice based on the treatment. As explained below, the Federal Employees Compensation Act preempts FTCA suits based on medical malpractice arising out of federal employees' injuries at work. The district court therefore properly dismissed Lance's FTCA suit.

[1] FECA provides the exclusive remedy against the federal government for federal employees injured at work. 5 U.S.C. § 8116(c). Volunteer workers at Veteran's Administration hospitals are "employees" for FECA purposes. 5 U.S.C. § 8101(1)(B); 38 U.S.C. § 513. FECA would therefore clearly bar an FTCA suit by Lance to recover for the injury he suffered at work. Although Lance isn't suing for the injury he suffered at work, but for medical malpractice arising out of the injury, this is a distinction without a difference.

[2] When it comes to federal employees, FECA benefits are the only "liability of the United States . . . because of the injury." 5 U.S.C. § 8116(c) (emphasis added). As a matter of textual interpretation, there's a strong argument that liability based on medical malpractice arising out of an injury is liability "because of the injury." FECA's rationale confirms this reading of the statute. Congress enacted FECA to give federal employees smaller but more certain and less costly recoveries in exchange for the right to sue the government in tort. See Lockheed Aircraft Corp. v. United States, 460 U.S. 190, 194 (1983). Under traditional tort causation principles, a plaintiff's right to recover for an injury generally includes the right to recover for medical malpractice arising out of the injury. See Restatement (Second) of Torts § 457 (1965). Therefore, when Congress gave federal employees the right to recover for an injury under FECA, it took away their right to sue the government in tort for medical malpractice arising out of the injury, as well as for the injury itself. See, e.g., McCall v. United States, 901 F.2d 548, 550-51 (6th Cir. 1990) (citing cases).

The district court also properly dismissed Lance's action to the extent his complaint named Does 1 through 20 as additional defendants: The United States is the only proper defendant in an FTCA action. See Woods v. United States, 720 F.2d 1451, 1452 n. 1 (9th Cir. 1983).

AFFIRMED.


Summaries of

Lance v. U.S.

United States Court of Appeals, Ninth Circuit
Nov 27, 1995
70 F.3d 1093 (9th Cir. 1995)

concluding district court properly dismissed the plaintiff's “action to the extent complaint named Does 1 through 20 as additional defendants”

Summary of this case from Eagle Meadows Rd. & Prop. Owners' Ass'n v. USDA Forest Serv.

concluding that FECA "preempt FTCA suits based on medical malpractice arising out of federal employees' injuries at work"

Summary of this case from Hawkins v. United States

concluding that FECA "took away [employees'] right to sue the government in tort for medical malpractice arising out of the injury, as well as for the injury itself"

Summary of this case from Caston v. U.S.

affirming dismissal of Doe defendants as improper parties

Summary of this case from Hawkins v. United States

noting that because federal employees retain broad immunity from suit under state tort law, tort claims relating to the acts of federal employees taken in the course of their employment may only be brought against the United States of America

Summary of this case from Waggy v. U.S.
Case details for

Lance v. U.S.

Case Details

Full title:IRVING LANCE, PLAINTIFF-APPELLANT, v. UNITED STATES OF AMERICA…

Court:United States Court of Appeals, Ninth Circuit

Date published: Nov 27, 1995

Citations

70 F.3d 1093 (9th Cir. 1995)

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