Facts

Eugene Acevedo filed a complaint against the U.S. government, in connection with the treatment he received at the Veteran's Administration Medical Center in San Diego.

PLAINTIFF'S CONTENTION: Plaintiff had a history of blood clotting following surgery to treat gastrointestinal issues in 2009 and 2010 and claimed that the VAMC should have administered a CT scan of his head every time he presented to the emergency room with a headache. Plaintiff claimed that this alleged omission delayed the diagnosis of his bleed until it was later detected at Scripps Hospital in December of 2010. Plaintiff thereafter underwent surgery at Scripps in December of 2010, to treat his condition. Plaintiff sought both economic and non-economic damages.

DEFENDANT'S CONTENTIONS:
Defendant contended that plaintiff received good medical care at the VAMC that complied with the applicable standard of care. Defendant further contended that plaintiff could not establish that his brain bleed was present to be detected during the occasions that he presented at the VAMC emergency room. Defendant also contended that plaintiff had a number of unrelated issues impacting his health and that he had not established that the alleged delay in diagnosis had caused the cognitive and other issues of which he was complaining.

Injuries

Acevedo claimed he suffered from a brain hemorrhage, and continued to suffer injuries to his physical and emotional well being. He also claimed cognitive injuries.

Result

The court concluded that Acevedo failed to meet his burden to show that the treatment he received fell below the standard of care. As such, the court entered a judgment in favor of the U.S. government.