Balter v. United States Of America et al

Filing 155

VERDICT OF THE COURT - The Court finds that Plaintiff has established the following by a preponderance of the evidence: 1. That the failure of both the United States Governrnent ("the Governrnent") and Medical Development International Ltd. , Inc. ("MOl") to schedule Plaintiff Richard Balter ("Mr. Balter") for his follow-up examination with Dr. Tuller within the period of time prescribed by Dr. Tuller for such follow-up examination, or within areasonable period of ti me thereafter, constitutes negligent conduct under principles of ordinary negligence; 2. That the Government was negligent in failing to arrange for Mr. Balter to be seen at USP Allenwood by one of the two optometrists who came there on November 7,14 and 22 and by removing him from the automatic call-out list; 3. That such negligence on the part of both the Government and MOl increased the risk of harm to Mr. Balter; 4.That such negligence on the part of both the Government and MOl was afactual cause of the hemorrhage that Mr. Balter sustained on December 5,2007; and5. That Mr. Balter was not comparatively negligent. Consistent with these findings, the Court awards Mr. Balter the following damages: 1. For the failure of the Government and M Ol to timely schedule Mr. Balter for his follow-up examination: $250,000.00, attributed as follows: MOl: $125,000.00 Government: $125,000.00; and 2. For the failure of the Government to arrange for Balter to be seen by one of the two optometrists who visited USP Allenwood in November 2007 and by removing him from the automatic call-out list: $400,000.00.Signed by Honorable Robert D. Mariani on 4/7/14. (jfg)

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

RICHARD BALTER,

Plaintiff,
3:09-cY-1409
(JUDGE MARIANI)

Y.

UNITED STATES OF AMERICA,
Defendant.
VERDICT
The Court finds that Plaintiff has established the following by a preponderance of the
evidence:
1. That the failure of both the United States Governrnent ("the Governrnent") and
Medical Development International Ltd., Inc. ("MOl") to schedule Plaintiff Richard
Balter ("Mr. Balter") for his follow-up examination with Dr. Tuller within the period of
time prescribed by Dr. Tuller for such follow-up examination, or within a reasonable
period of time thereafter, constitutes negligent conduct under principles of ordinary
negligence;
2. That the Government was negligent in failing to arrange for Mr. Balter to be seen at
USP Allenwood by one of the two optometrists who came there on November 7,14
and 22 and by removing him from the automatic call-out list;
3. That such negligence on the part of both the Government and MOl increased the risk
of harm to Mr. Balter;

4. That such negligence on the part of both the Government and MOl was afactual
cause of the hemorrhage that Mr. Balter sustained on December 5,2007; and
5. That Mr. Balter was not comparatively negligent.
Consistent with these findings, the Court awards Mr. Balter the following damages:
1. For the failure of the Government and MOl to timely schedule Mr. Balter for his
follow-up examination:
$250,000.00, attributed as follows:

MOl: $125,000.00

Government: $125,000.00; and

2. For the failure of the Government to arrange for Balter to be seen by one of the two
optometrists who visited USP Allenwood in November 2007 and by removing him
from the automatic call-out list:

Date: April 7, 2014

obert O]j1ariani
United States District Judge

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