West v. United States of America

West v. United States of America

Plaintiff:	Ray Dean West
Defendant:	United States of America
Case Number:	3:2017cv00368
Filed:	February 16, 2017
Court:	US District Court for the Middle District of Tennessee
Office:	Nashville Office
County:	Davidson
Presiding Judge:	Aleta A. Trauger
Nature of Suit:	Personal Injury- Medical Malpractice
Cause of Action:	28 U.S.C. § 1346
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
November 24, 2020	Filing 131 MEMORANDUM OPINION: Defendant's Motion for Judgment on the Pleadings (Doc. No. 41 ) will be denied. Also, Plaintiff's Motion for Summary Judgment (Doc. No. 78 ) will be denied. However, the Court will enter an Order in Plaintiff's favor, pursuant to Fed. R. Civ. P. 56(g), on the issue of liability for breach of the applicable standard of care as to the administration of antibiotics to Plaintiff in connection with his May 2015 biopsy. Defendant's Motion for Summary Jud gment (Doc. No. 89 ) will also be denied. However, the Court will enter an Order in Defendant's favor, pursuant to Fed. R. Civ. P. 56(g), as to liability on the theory of lack of informed consent and as to the following alleged damages: econo mic loss, erectile dysfunction, shortness of breath, and fatigue. An appropriate order shall be entered. In addition, this case will be set for trial by separate order. Signed by District Judge Eli J. Richardson on 11/24/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jm)
June 17, 2020	Filing 127 MEMORANDUM ORDER: West has filed three motions that are now ripe for decision: a motion for mediation sanctions (Doc. No. 68 ); a motion to strike the depositions of Dr. Carl Capelouto and Dr. Muhammad Akmal and for assessment of costs (Doc. No. [7 3]); and a motion to compel payment of expert fees (Doc. No. 112 ). West's motion for mediation sanctions (Doc. No. 68 ); his motion to strike the deposition testimony of Dr. Capelouto and Dr. West and for assessment of costs (Doc. No. 73 ); and his motion to compel payment of expert fees (Doc. No. 112 ) are DENIED. West may refile a motion seeking assessment of expert deposition fees against the United States under Rule 26(b)(4)(E) at the conclusion of this litigation if warranted. Signed by Magistrate Judge Alistair Newbern on 6/17/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)

Date Filed

Document Text

November 24, 2020

Filing 131 MEMORANDUM OPINION: Defendant's Motion for Judgment on the Pleadings (Doc. No. 41 ) will be denied. Also, Plaintiff's Motion for Summary Judgment (Doc. No. 78 ) will be denied. However, the Court will enter an Order in Plaintiff's favor, pursuant to Fed. R. Civ. P. 56(g), on the issue of liability for breach of the applicable standard of care as to the administration of antibiotics to Plaintiff in connection with his May 2015 biopsy. Defendant's Motion for Summary Jud gment (Doc. No. 89 ) will also be denied. However, the Court will enter an Order in Defendant's favor, pursuant to Fed. R. Civ. P. 56(g), as to liability on the theory of lack of informed consent and as to the following alleged damages: econo mic loss, erectile dysfunction, shortness of breath, and fatigue. An appropriate order shall be entered. In addition, this case will be set for trial by separate order. Signed by District Judge Eli J. Richardson on 11/24/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jm)

June 17, 2020

Filing 127 MEMORANDUM ORDER: West has filed three motions that are now ripe for decision: a motion for mediation sanctions (Doc. No. 68 ); a motion to strike the depositions of Dr. Carl Capelouto and Dr. Muhammad Akmal and for assessment of costs (Doc. No. [7 3]); and a motion to compel payment of expert fees (Doc. No. 112 ). West's motion for mediation sanctions (Doc. No. 68 ); his motion to strike the deposition testimony of Dr. Capelouto and Dr. West and for assessment of costs (Doc. No. 73 ); and his motion to compel payment of expert fees (Doc. No. 112 ) are DENIED. West may refile a motion seeking assessment of expert deposition fees against the United States under Rule 26(b)(4)(E) at the conclusion of this litigation if warranted. Signed by Magistrate Judge Alistair Newbern on 6/17/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)

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Plaintiff: Ray Dean West
Represented By:	William Kennerly Burger
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Defendant: United States of America
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