Freeman v. Department of Veterans Affairs

Filing 42

OPINION AND ORDER by Magistrate Judge Steven P. Shreder denying 31 Motion for Summary Judgment (dma, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
VIRGINIA ANN FREEMAN, as
Special Administrator of the Estate of
Ray Jack Freeman, Deceased,
Plaintiff,
v.
DEPARTMENT OF VETERANS
AFFAIRS, United States of America
(ex rel.),
Defendant.

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Case No. CIV-10-464-SPS

OPINION AND ORDER DENYING
DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
Upon consideration of the Defendant’s Motion for Summary Judgment [Docket
No. 31], the Court finds genuine issues of material fact as to the following questions: (i)
whether Mr. Freeman’s pulmonary fibrosis pre-dated the first administration of the drug
Nitrofurantoin, and (ii) whether the Defendant breached the standard of care when it
prescribed Nitrofurantoin to Mr. Freeman. The existence of such fact questions precludes
summary judgment, see Fed. R. Civ. P. 56(a) (“The court shall grant summary judgment
if the movant shows that there is no genuine dispute as to any material fact and the
movant is entitled to judgment as a matter of law.”), and the Defendant’s motion is
accordingly hereby DENIED.
DATED this 26th day of March, 2013.