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Port v. United States

United States District Court, E.D. Washington

February 23, 2018

JOANNE PORT, individually and as the Personal Representative of the estate of Ricky Alan Port, Plaintiff,
v.
UNITED STATES OF AMERICA, Defendant.

          ORDER DENYING MOTION TO DISMISS TRANSPLANT CLAIM

          THOMAS O. RICE CHIEF UNITED STATES DISTRICT JUDGE

         BEFORE THE COURT is Defendant United States of America's Motion to Dismiss Transplant-Related Claim (ECF No. 41). The matter was submitted for consideration without oral argument. The Court has reviewed the record and files herein, and is fully informed. For the reasons discussed below, the Court DENIES Defendant's Motion to Dismiss.

         BACKGROUND

         The instant action involves Plaintiff Joana Port's claim, on behalf of herself and as the personal representative of the estate of Ricky Alan Port, for medical negligence and failure to inform filed against the United States of America (“United States”) for the acts of its agents at the Spokane Mann-Grandstaff Veterans Affairs Medical Center system (“Spokane VA”) and the Seattle Veterans Affairs Medical Center system (“Seattle VA”).[1]

         For purposes of this motion only, the Court will assume the facts alleged by Plaintiff to be true.[2] In 2015, while under the care of the VA in Arizona, Mr. Port was diagnosed with pulmonary fibrosis. ECF No. 6 at ¶ 3.6. According to Plaintiff, “[a]t the time of diagnosis of pulmonary fibrosis and following, Mr. Port was eligible for a lung transplant, with a body-mass index (BMI) of 27.” ECF No. 6 at ¶ 3.7. In the fall of 2015, Mr. Port moved to Spokane, Washington, and received medical care through the Spokane VA. ECF No. 6 at ¶ 3.8. In 2016, Mr. Port also received care through the Seattle VA. ECF No. 6 at ¶ 3.9. On February 24, 2016, Mr. Port was admitted to the Spokane VA with diagnoses including:

1. Acute-on-chronic respiratory failure;
2. Tobacco dependence in remission;
3. Morbid obesity;
4. Chronic obstructive lung disease;
5. Bronchiectasis;
6. Multiple pulmonary nodules;
7. Chronic cough;
8. Dyspnea on exertion;
9. Hypoxemia;
10. Patient on oxygen;
11. Gastroesophageal reflux disease;
12. Fibrosis of lung;
13. Essential hypertension; ...

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