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Third Circuit: NJ Charitable Immunity Act Protects U.S. in Med-Mal Litigation
In a case of first impression, the Third Circuit Court of Appeals says the federal government enjoys the same protection of state charitable immunity law that applies to volunteer doctors who are deemed to be U.S. Department of Health and Human Services employees. As such, the government is entitled to assert immunity in a suit brought under the Federal Tort Claims Act by the estate of a woman who died from cancer complications after being treated by volunteer doctors, the court ruled on Dec. 30 in Lomando v. U.S., No. 11-1957.
The court said its precedential opinion appears to be the first to address the effect of a Public Health Service Act provision that brought such doctors within the scope of the Federal Torts Claim Act (FTCA), thereby precluding a malpractice suit against them individually and making a suit against the U.S. the exclusive remedy.
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