Day v. United States, No. 16-3118 (8th Cir. 2017)Annotate this Case
The family of the deceased and administrator of his estate filed suit against the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. 1346(b)(1), after a radiologist with the VA failed to identify a cancerous mass. The Eighth Circuit affirmed the district court's grant of summary judgment for the United States, holding that although the VA failed to deliver the standard of care that the deceased deserved, the evidence presented was insufficient to raise a triable issue of fact as to whether the VA's negligence proximately caused plaintiffs' damages. Because the medical malpractice claims failed, so too must the wrongful-death claims.