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Case Number: 3:20-CV-633
Judge: Aleta A. Trauger
Court: United States District Court for the Middle District of Tennessee (Davidson County)
Defendant's Attorney: Anica Clarissa Jones and Michael L. Roden
Description: Nashville, Tennessee pro se Plaintiff without a lawyer sued Defendant on a Federal Tort Claims Act medical malpractice theory.
This medical malpractice action brought under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b) and 2671-2680, arises out of pro se Plaintiff Michael A. Hinton's treatment at the Tennessee Valley Healthcare System (TVHS) campus in Nashville, Tennessee, which is a United States Veterans Administration (VA) facility. (Doc. No. 1.) Hinton, who is diabetic, alleges that TVHS podiatrist Dr. Mark P. Hinkes injured him while trimming a callus on Hinton's foot, that the injury became infected, and that the infection ultimately caused the amputation of Hinton's right leg below the knee. (Id.) Defendant the United States of America filed a motion for summary judgment under Federal Rule of Civil Procedure 56 (Doc. No. 36) supported by a memorandum of law (Doc. No. 37), a statement of undisputed material facts (Doc. No. 39), a transcript of Hinton's deposition testimony (Doc. No. 37-1), an expert affidavit and report (Doc. Nos. 38, 381), and other exhibits including Hinton's medical records (Doc. Nos. 37-2-37-14). Hinton responded in opposition to the United States' motion (Doc. No. 43), and the United States filed a reply (Doc. No. 44). Hinton also filed a surreply accompanied by excerpts from his medical records. (Doc. No. 45.) For the reasons that follow, the Magistrate Judge will recommend that the Court grant the United States' motion for summary judgment.
Outcome: For these reasons, the Magistrate Judge RECOMMENDS that the United States' motion for summary judgment (Doc. No. 36) be GRANTED and that the Court enter judgment in the United States' favor.