Sowers v. United States of America et al

Filing 44

MEMORANDUM OPINION. Signed by District Judge T. S. Ellis, III on 09/28/2015. (mpha)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division

FRANK SOWERS,
Plaintiff,
Case No. I:14-cv-177

V.

UNITED STATES OF AMERICA,
Defendant.

MEMORANDUM OPINION

This is an FTCA' medical malpractice claim brought by a federal inmate who alleges that
the medical care he received while incarcerated at FCC Petersburg failed to meet the requisite
standard of care. Plaintiff filed this action pro se, and following service of the initial complaint,
defendant requested that plaintiff provide certification that he had obtained a written expert
opinion pursuant to the Virginia Medical Malpractice Act ("VMMA). When plaintiffresponded

that he had not yet obtained such a certification, defendant filed a motion for summary judgment.
An Order issued on February 25, 2015, denying the motion for summary judgment without

prejudice, but allowing plaintiffto file "an amended complaint, including the expert certification
required by Virginia Code § 8.01-20.1." Sowers v. UnitedStates, l:14:cv-177 (E.D. Va. Feb. 25,

2015) (Order) (Doc. 21). Following the filing of the amended complaint, defendant moved to

dismiss on the grounds that, inter alia, the amended complaint did not comply with the February
25 Order and the VMMA. This memorandum opinion records and elucidates the reasons for
denying defendant's motion to dismiss.

Federal Tort Claims Act, 28 U.S.C. § 2671, et seq.
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