Feds Escape Surgery Suit Due To Widower's Late HHS Filing

Law360 (March 26, 2020, 5:17 PM EDT) -- The U.S. government doesn’t have to face a suit alleging a woman died as a result of the reckless conduct of a surgeon who worked for a federally qualified health center, a New Jersey federal judge ruled Thursday, because her estate didn’t submit an administrative claim to a federal agency before initiating the suit.

U.S. District Judge Joseph H. Rodriguez granted the government's motion to dismiss the medical malpractice complaint from the estate of Peggy Campbell and her widower, finding that they were required under the Federal Tort Claims Act to first present a claim to the U.S. Department of Health...

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