Nayokpuk v. United States of America
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|Date Filed||#||Document Text|
|May 22, 2012
ORDER granting in part and denying in part 77 Motion for Summary Judgment. 1) It is granted with respect to the medical care providers failure to document cancellation of A.N.s transport order, and with respect to the medical care providers failure to document the basis for the dosage of Rocephin prescribed. 2) It is denied with respect to other potential bases for application of the Sweet presumptionin particular, the faxed PEFs, and the general absence of firsthand records from the radio room doctors. The court will decide whether to apply the Sweet presumption based on the adequacy of those and other records after hearing all of the evidence at trial.. Signed by Judge John W. Sedwick on 5/22/12. (GMM, CHAMBERS STAFF)
|January 30, 2012
ORDER re 40 Motion for Ruling that the Sweet Presumption of Negligence and Causation Applies. Plaintiff's motion at docket 40 is GRANTED in part consistent with the discussion in this order and DENIED in part without prejudice to a motion for partial summary judgment on the issue of whether the care providers breached any duty to create or maintain adequate records of A.N.'s treatment. If plaintiff believes the remaining issues can be determined on a motion for summary judgment, any such motion shall be filed within 14 days from the date of this order. Otherwise, application of the Sweet presumption will be resolved at trial. Signed by Judge John W. Sedwick on 1/30/12. (GMM, CHAMBERS STAFF)
|March 25, 2011
ORDER denying 13 Motion for Ruling on Law of the Case; denying 22 Motion for Hearing. Signed by Judge John W. Sedwick on 3/25/11. (GMM, CHAMBERS STAFF)
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