DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
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163118P.pdf 08/01/2017 Michelle Day v. United States
U.S. Court of Appeals Case No: 16-3118
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Melloy, Author, with Loken and Murphy, Circuit Judges]
Civil case - Federal Tort Claims Act. Where the government conceded it
provided substandard care when a VA radiologist failed to identify a
cancerous mass in the liver of the deceased, the district court did not
err in granting the government's motion for summary judgment on the ground
that plaintiff had failed to establish that the substandard care was the
proximate cause of death; with respect to plaintiff's claim for pain
damages, the court did not err in granting the government's motion for
summary judgment as the evidence in the record was insufficient to raise a
triable issue of fact as to whether any liver cancer treatment would have
alleviated any of the deceased's pain; because the medical malpractice
claims fail, so too must plaintiff's wrongful-death claims.