United States District Court, District of Columbia
RICHARD M. GABLE, Plaintiff,
UNITED STATES OF AMERICA, Defendant.
ROSEMARY M. COLLYER UNITED STATES DISTRICT JUDGE
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
• Plaintiffs Motion for the Statute of Limitations [Dkt.
• December 29, 2017 Report & Recommendation [Dkt.
• Plaintiffs Written Objection [Dkt. 111];
• Plaintiffs Motion for Judgment [Dkt. 112];
• February 13, 2018 Report & Recommendation [Dkt.
• Plaintiffs Motion for Correction of Facts from the
Letter of the Court [Dkt. 114].
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].
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.
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.
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 ...