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Gable v. United States

United States District Court, District of Columbia

June 20, 2018

RICHARD M. GABLE, Plaintiff,
v.
UNITED STATES OF AMERICA, Defendant.

          MEMORANDUM OPINION

          ROSEMARY M. COLLYER UNITED STATES DISTRICT JUDGE

         Plaintiff Richard M. Gable, who proceeds pro se, brought an action against the United States of America (Defendant) under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346, 2674, et seq. He alleges medical malpractice and other injuries suffered during his stay at a Department of Veterans Affairs Medical Center (VA Hospital). Thereafter, the following briefing ensued:

•Defendant's Motion for Summary Judgment [Dkt. 89];
• Defendant's Amended Motion for Summary Judgment [Dkt. 97];
• Plaintiffs Motion for the Statute of Limitations [Dkt. 100];
• December 29, 2017 Report & Recommendation [Dkt. 108];
• Plaintiffs Written Objection [Dkt. 111];
• Plaintiffs Motion for Judgment [Dkt. 112];
• February 13, 2018 Report & Recommendation [Dkt. 113];
• Plaintiffs Motion for Correction of Facts from the Letter of the Court [Dkt. 114].[1]

         This matter was referred to Magistrate Judge Harvey, who reviewed the briefing carefully and submitted a detailed Report and Recommendation (R&R) on December 29, 2017. See Dec. 29, 2017 Report and Recommendation (12/29/17 R&R) [Dkt. 108]. The Court construes Mr. Gable's subsequent filings as objections to the 12/29/17 R&R, to which the government did not file a response. See Written Objection (Pl.'s Objections) [Dkt. 111]; Mot. for J. [Dkt. 112]; Mot. for Correction of Facts from the Letter of the Court (Mot. for Correction) [Dkt. 114]. Judge Harvey filed an additional R&R in response to Mr. Gable's additional briefing. See Feb. 13, 2018 Report & Recommendation (2/13/18 R&R) [Dkt. 113].

         Upon consideration of both Report & Recommendations, Mr. Gable's objections, and an independent review of the underlying evidence, the Court will accept in full Judge Harvey's Report and Recommendations, and grant Defendant's amended motion for summary judgment in part and deny it in part. The Court will deny Defendant's initial motion for summary judgment as moot. The Court will deny Mr. Gable's Motions for Statute of Limitations, Written Objections, Judgment, and Correction of Facts from the Letter of the Court as they relate to the issue of timeliness for all claims alleged to have occurred before September 16, 2006.

         I. FACTS

         Judge Harvey's Report and Recommendation contains detailed factual and procedural background sections, which the Court adopts in full and will not recount in detail here. See 12/29/17 R&R at 2-6. The facts relevant at this juncture are as follows.

         Mr. Gable underwent total knee replacement surgery on January 19, 2006 at the VA Hospital. The surgical site became infected twice between the replacement surgery and June 2006. After additional complications, health care providers identified wet gangrene around the surgical site in August, and Mr. Gable's leg was amputated on August 23, 2006. As a result of a fall Mr. Gable suffered after the amputation, he had two subsequent surgical repair procedures on September 12 and September 19, 2006. It also appears from medical records that, in April 2007, Mr. Gable underwent an operation at Georgetown University Hospital to revise the amputation and to correct three neuromata, where nerves were ...


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