Irvine v. Department of Veteran Affairs

Justia Dockets & Filings Ninth Circuit Oregon District Court Irvine v. Department of Veteran Affairs

Irvine v. Department of Veteran Affairs

Plaintiff:	Don Scott Irvine
Defendant:	Department of Veteran Affairs
Case Number:	3:2014cv00197
Filed:	February 6, 2014
Court:	US District Court for the District of Oregon
Office:	Portland (3) Office
Presiding Judge:	Marco A. Hernandez
Nature of Suit:	Personal Injury: Health Care
Cause of Action:	38 U.S.C. § 301 et seq Veterans Affairs, General Benefits
Jury Demanded By:	None

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Date Filed	Document Text
October 8, 2015	Filing 69 FINDINGS OF FACT & CONCLUSIONS OF LAW: In sum, after evaluating the evidence and testimony in this case, the Court finds it more probable than not that there was bony fusion of Irvine's C5-C6 vertebrae prior to Dr. Cetas's surgery on Irvine's neck in 2011. The Court further concludes that even if there was nonunion at C5-C6, the VA neurosurgery team's failure to diagnose nonunion did not violate the standard of care because there was no indication that the nonunion was the cause of Irvine's neck and arm pain. The Court finds in favor of Defendant United States Department of Veterans Affairs and against Plaintiff Don Scott Irvine on all of Irvine's claims. See 18-page document attached. Signed on 10/8/2015 by Judge Marco A. Hernandez. (mr)
June 29, 2015	Filing 44 OPINION & ORDER: The VA's motion for summary judgment 33 is GRANTED in part and DENIED in part. As to Irvine's second and fourth claims for relief, the VA's motion is granted and those claims are dismissed. The VA's motion is denied, however, on Irvine's first and third claims for relief. See 9-page opinion & order attached. Signed on 6/29/2015 by Judge Marco A. Hernandez. (mr)

Date Filed

Document Text

October 8, 2015

Filing 69 FINDINGS OF FACT & CONCLUSIONS OF LAW: In sum, after evaluating the evidence and testimony in this case, the Court finds it more probable than not that there was bony fusion of Irvine's C5-C6 vertebrae prior to Dr. Cetas's surgery on Irvine's neck in 2011. The Court further concludes that even if there was nonunion at C5-C6, the VA neurosurgery team's failure to diagnose nonunion did not violate the standard of care because there was no indication that the nonunion was the cause of Irvine's neck and arm pain. The Court finds in favor of Defendant United States Department of Veterans Affairs and against Plaintiff Don Scott Irvine on all of Irvine's claims. See 18-page document attached. Signed on 10/8/2015 by Judge Marco A. Hernandez. (mr)

June 29, 2015

Filing 44 OPINION & ORDER: The VA's motion for summary judgment 33 is GRANTED in part and DENIED in part. As to Irvine's second and fourth claims for relief, the VA's motion is granted and those claims are dismissed. The VA's motion is denied, however, on Irvine's first and third claims for relief. See 9-page opinion & order attached. Signed on 6/29/2015 by Judge Marco A. Hernandez. (mr)

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