Freeman v. Department of Veterans Affairs, No. 6:2010cv00464 - Document 42 (E.D. Okla. 2013)
Court Description: OPINION AND ORDER by Magistrate Judge Steven P. Shreder denying 31 Motion for Summary Judgment (dma, Deputy Clerk)
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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. ) ) ) ) ) ) ) ) ) ) ) ) ) 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.
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