Nayokpuk v. United States of America

Plaintiff: Diana Nayokpuk
Defendant: United States of America
Case Number: 2:2009cv00009
Filed: November 19, 2009
Court: Alaska District Court
Office: Nome Office
County: Anchorage
Presiding Judge: John W. Sedwick
Nature of Suit: None
Cause of Action: 28:2674 Federal Tort Claims Act
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
May 22, 2012 123 Opinion or Order of the Court 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 76 Opinion or Order of the Court 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 25 Opinion or Order of the Court 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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Plaintiff: Diana Nayokpuk
Represented By: Richard E. Vollertsen
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Defendant: United States of America
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