Jackson v. United States, No. 11-1619 (1st Cir. 2013)
Annotate this CaseLeonard Giguere served in the U.S. Army during the Vietnam War. Giguere was injured in a landmine explosion, causing a hernia that affected the arrangement of some of his internal organs. Four decades later, Giguere underwent surgery in Massachusetts for his condition. He died four days later. Giguere's estate brought a medical malpractice claim against the United States under the Federal Tort Claims Act. After a bench trial, the district court entered judgment for the united States. The First Circuit Court of Appeals affirmed, holding that the district court (1) did not commit an error of law as to the standard of care it used; (2) did not abuse its discretion as to several of its evidentiary rulings; and (3) did not make factual findings the evidence did not support.
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