United States District Court, District of Columbia
ROSEMARY M. COLLYER UNITED STATES DISTRICT JUDGE
Maurice Gable, a Vietnam veteran, underwent a total knee
replacement at the Department of Veterans Affairs (VA)
Medical Center in Washington, D.C. in January 2006. The
surgery resulted in infections, in-patient treatment and,
ultimately, the above-knee amputation of Mr. Gable's left
leg. Pursuant to the Federal Tort Claims Act (FTCA), 28
U.S.C. § 2671 et seq, Mr. Gable filed an
administrative claim with the VA on September 16, 2008,
alleging, inter alia, malpractice and negligence.
After his claim was denied, Mr. Gable filed a complaint
pro se in the Court of Federal Claims, which
transferred it to this Court. The United States moved for
summary judgment arguing that all the claims were time-barred
by the FTCA's statute of limitations. Finding that Mr.
Gable's claims concerning his knee replacement, post
knee-replacement care, and amputation accrued outside of the
statutory period, the Court granted the government's
motion in part and denied in part, leaving intact Mr.
Gable's remaining two claims concerning his
post-amputation surgical procedures and non-surgical
Gable has filed a series of motions contesting the
Court's ruling, which the Court reads collectively as a
motion for reconsideration. Because Mr. Gable does not
satisfy the requirements for reconsideration, the Court must
deny Mr. Gable's motion.
Judge Michael Harvey handled this matter and submitted a
Report and Recommendation that contains detailed factual and
procedural background sections, which this Court adopted in
full. See Dec. 29, 2017 Report and Recommendation
(12/29/17 R&R) [Dkt. 108] at 2-6; see also Mem.
Op. [Dkt. 120] at 3. It is not necessary to repeat all of the
factual background but the arc of this case is described
Gable was admitted to the VA Medical Center for a scheduled
knee replacement on January 18, 2006. 12/29/17 R&R at 2.
The surgery was followed by a number of complications
including wet gangrene. Id. at 4. After unsuccessful
attempts to control the infections, the medical staff decided
to amputate Mr. Gable's left leg and the procedure was
performed on August 23, 2006. Id. at 4-5. Angered by
his treatment, Mr. Gable filed an administrative claim with
the VA pursuant to the FTCA. See Mem. Op. and Order
from Court of Federal Claims (Transfer Op.) [Dkt. 1] at 2.
The administrative claim was dated September 8, 2008 by Mr.
Gable himself and was received by the VA General Counsel on
September 16, 2008. 12/29/17 R&R at 7. The VA denied the
administrative claim as time barred and Mr. Gable filed a
complaint with the Court of Federal Claims. Transfer Op. at
2. Finding that it lacked jurisdiction, the Court of Federal
Claims transferred the case to this Court pursuant to 28
U.S.C. § 1631. Id. at 5-6. This Court thereafter
read Mr. Gable's pro se filings as advancing
seven separate claims:
(1) that Plaintiff's knee replacement was negligently
(2) that improper hospital hygiene led to Plaintiff's
methicillin-resistant Staphylococcus aureus (MRSA)
and vancomycin-resistant Enterococci (VRE)
(3) that Plaintiff's amputation was performed without
(4) that Plaintiff's amputation was performed
(5) that Plaintiff's amputation was performed
(6) that Plaintiff's post-amputation surgical procedures
were negligently performed; and
(7) that Plaintiff's non-surgical post-operative care was