WESOLOWSKI v. UNITED STATES et al
| DENNIS WESOLOWSKI |
| INDIANA SCHOOL OF MEDICINE, INDIANA UNIVERSITY HEALTH CARE ASSOCIATES, INC. and UNITED STATES |
| 1:2017cv00749 |
| March 10, 2017 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Matthew P. Brookman |
| Jane Magnus-Stinson |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. ยง 1402 Medical Malpractice |
| Plaintiff |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
38
ORDER - Plaintiff Dennis Wesolowski ("Mr. Wesolowski") alleges that he was severely injured when medical treatment providers at the VA Medical Center in Indianapolis performed an operation to treat Mr. Wesolowski's enlarged prostate . [Filing No. 1 .] Presently pending before the Court are Motions to Dismiss filed by Defendants Indiana University Health Care Associates, Inc. ("IU Health"), [Filing No. 17 ], Indiana University School of Medicine ("IUSM"), [Filing No. 22 ], and United States ("Department of Veterans Affairs" or "VA"), [Filing No. 31 ] (collectively, "Defendants"), which seek to dismiss Mr. Wesolowski's two-count Complaint in its entirety. Count I alleges negligence on the part of the Department of Veterans Affairs. [Filing No. 1 at 2-4.] Count II alleges that Defendants breached their duty to Mr. Wesolowski as a third-party beneficiary of Defendants' contracts. [Filing No. 1 at 4-5.] For the following reasons, the Court GRANTS IU Health and IUSM's Motions to Dismiss and GRANTS IN PART and DENIES IN PART the VA's Motion to Dismiss. For the foregoing reasons, the Court GRANTS IU Health's Motion to Dismiss, [ Filing No. 17 ], GRANTS IUSM's Motion to Dismiss, [Filing No. 22 ], and GRANTS IN PART and DENIES IN PART the VA's Motion to Dismiss and/or Stay, [Filing No. 31 ]. Specifically, the Court DENIES IN PART the VA's Motion to the ext ent it asks the Court to dismiss Count I for failure to join Dr. Sundaram, DISMISSES WITH PREJUDICE Count II for breach of contractual duty to a third-party beneficiary against IU Health and IUSM, and DISMISSES WITHOUT PREJUDICE Count II against t he VA for lack of subject matter jurisdiction. Mr. Wesolowski's negligence claim against the VA in Count I of his Complaint is the sole remaining claim in this case. The Magistrate Judge is requested to hold a status conference with the remai ning parties to discuss the possibility of administratively closing this case pending the conclusion of Dr. Sundaram's medical review panel proceedings and whether partial final judgment against IU Health and IUSM should issue. (See Order). Signed by Judge Jane Magnus-Stinson on 8/29/2017. (APD)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Indiana Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
