Brown v Veterans Administration Hospital
Filing
8
ORDER AND REASONS granting 7 Motion to Dismiss and Substitute Party. Party Veterans Administration Hospital dismissed and the United States of America is substituted as the proper Defendant in this action. Signed by Judge Jane Triche Milazzo on 1/13/14. (ecm, ) Modified document type on 1/14/2014 (ecm, ).
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
SIMONE BROWN
CIVIL ACTION
VERSUS
NO: 13‐5340
VETERANS ADMINISTRATION HOSPITAL
SECTION: “H”(5)
ORDER AND REASONS
Before the Court is Defendant's Motion to Dismiss and Substitute (Doc. 7). For the following
reasons, the Motion is GRANTED. Defendant Veterans Administration Hospital is DISMISSED and
the United States of America is substituted as the proper Defendant in this action.
BACKGROUND
Plaintiff filed this action asserting claims of medical malpractice against the Veterans
Hospital in New Orleans pursuant to the Federal Tort Claims Act, 28 U.S.C. § 2671, et seq ("FTCA").
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The United States has appeared and moves this Court to, pursuant to the FTCA and the relevant
precedent, dismiss the Veterans Administration Hospital and substitute the United States of
America as the sole Defendant. Plaintiff has not opposed the Motion.
LAW AND ANALYSIS
"To sue successfully under the FTCA, a plaintiff must name the United States as the sole
defendant." McGuire v. Turnbo, 137 F.3d 321, 324 (5th Cir. 1998); See also Duncan v. Peters, 190
F.3d 538 (5th Cir. 1999); Galvin v. Occupational Safety & Health Admin., 860 F.2d 181, 183 (5th Cir.
1988) ("It is beyond dispute that the United States, and not the responsible agency or employee,
is the proper party defendant in a Federal Tort Claims Act suit."). Plaintiff expressly invokes the
FTCA in her complaint. Thus, it is clear that the United States, not the Veterans Administration
Hospital, is the proper party to this action. Additionally, because the United States requests that
it be substituted in place of the improperly named party, the grant of the instant motion will not
prejudice any party.
CONCLUSION
For the foregoing reasons, Defendant's Motion to Dismiss and Substitute is GRANTED.
Defendant Veterans Administration Hospital is DISMISSED and the United States of America is
substituted as the proper Defendant in this action.
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New Orleans, Louisiana, this 13th day of January, 2013.
____________________________
JANE TRICHE MILAZZO
UNITED STATES DISTRICT JUDGE
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