Summary
holding that plaintiff who alleged malpractice had exclusive remedy under FECA
Summary of this case from Wideman v. U.S. Gov'tOpinion
No. 16616.
Argued November 8, 1967.
Decided December 20, 1967.
Jerome H. Ellis, Verlin, Goldberg, Ellis Epstein, Philadelphia, Pa. (David Goldberg, Jerome R. Verlin, Philadelphia, Pa., on the brief), for appellant.
Morton Hollander, Chief Appellate Section, Dept. of Justice, Civil Division, Washington, D.C. (Carl Eardley, Acting Asst. Atty. Gen., Drew J.T. O'Keefe, U.S. Atty., Robert C. McDiarmid, Attorneys, Department of Justice, Washington, D.C., on the brief), for appellee.
Before STALEY, Chief Judge, KALODNER and FORMAN, Circuit Judges.
OPINION OF THE COURT
The plaintiff, a civilian employee at the Philadelphia Naval Shipyard, sustained injuries while performing his duties. He was furnished medical and surgical treatment by the defendant United States at the Philadelphia Naval Hospital. He brought this action under the Federal Tort Claims Act seeking damages from the United States for alleged malpractice in the treatment accorded to him at the Naval Hospital.
The District Court granted summary judgment in favor of the United States on the ground that the Federal Employees' Compensation Act, 5 U.S.C.A. § 751 et seq., to which the plaintiff had resorted prior to the institution of the instant action, is the exclusive remedy available to the plaintiff.
We are of the opinion that the District Court did not err in its disposition. The Order granting summary judgment will be affirmed.