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Verdicts
Is a New Federal Filing Required?
The U.S. Court of Appeals for the Ninth Circuit has reinstated a medical malpractice claim involving a federal government-employed doctor because although the plaintiff did not exhaust the federal claims process before originally filing suit in state court, he dismissed his original claim, sought and was denied relief through the federal claims process, then attached the claim to the ongoing state court case. D.L. v. Vassilev, 2017 U.S. App. LEXIS 9899 (9th Cir., 6/5/17).
The plaintiff, a minor, brought suit in March 2012 in California's Tulare County Superior Court. The claimant sought damages for alleged medical malpractice that led to his mother's death two years earlier from the postpartum hemorrhaging she suffered following his birth. Some defendants were named in that original filing, while others were listed as Does 1-50. Months later, one of those Does was named by the plaintiff: Dr. Christopher Bencomo.
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