Facts

Brandon Lee Thomas filed a Federal Torts Claims Act lawsuit against the Veterans Affairs San Diego Health Clinic and the attending nurse practitioner who treated his father, Michael James Thomas, who died of throat cancer.

PLAINTIFF'S CONTENTIONS: Plaintiff contended the nurse practitioner delayed diagnosis of Michael's throat cancer for 3 months, which resulted in his premature death. Plaintiff's expert opined the nurse did not properly maintain a systematic follow up of Michael's symptoms, identify his relevant risk factors for cancer, perform a comprehensive examination based on Michael's age and history, or order appropriate preventative and diagnostic procedures based on Michael's age, history and symptoms.

DEFENDANTS' CONTENTIONS: Defendants moved for summary judgment on several grounds. In addition to contending that plaintiff failed to show the delay in treatment was a substantial factor in causing the death, there was insufficient evidence to prove defendant was medically negligent. Defendants contended that plaintiff did not provide medical records to support the claim and that most of the testimony from plaintiff's expert was invalidated as erroneous.

Result

The court granted defendant's motion for summary judgment after finding plaintiff failed to meet his burden of proof on breach or causation.