Tarpeh-Doe v. United States - 771 F. Supp. 427 (1991)

Rule:

FTCA is the exclusive remedy for a claim for damages for personal injury allegedly arising from the negligence of "supporting personnel of the Department of State in furnishing medical care or related service.”

Facts:

Linda Wheeler Tarpeh-Doe, an employee of the United States Agency for International Development (“AID”), delivered baby Nyenpan while stationed in Monrovia. Within three weeks of birth, the baby contracted a bacterial infection that developed into spinal meningitis. Nyenpan was examined at the embassy health clinic by Dr. Lefton, who then referred the mother and child to Dr. Van Reken, an employee of an American Mission not affiliated with the embassy. Subsequently, Nyenpan and his parents were evacuated to the United States to enable the family to seek additional medical treatment for Nyenpan. By that time, however, he was beyond hope of recovery. Plaintiffs Linda Wheeler Tarpeh-Doe and Marilyn Wheeler brought the present action to seek relief for injuries suffered by Nyenpan pursuant to the Federal Tort Claims Act (FTCA). Plaintiffs claimed that the he Department of State in Washington, D.C. violated its duty to provide Nyenpan, a dependent of its employee, with the best possible medical care and to be alert to any medical and health problems of dependents and to take appropriate action promptly as required by the Uniform State/AID/USIA Regulations.

Issue:

Under the circumstances, could the defendants be held liable under the FTCA?

Answer:

Yes.

Conclusion:

The Court noted that the Foreign Affairs Statute provided that an action against the United States under the FTCA was the exclusive remedy for a claim for damages for personal injury allegedly arising from the negligence of supporting personnel of the Department of State in furnishing medical care or related services. The Statute thus anticipated tort liability for any negligent acts by Department of State employees related to the provision of health care. According to the Court, the State Department owed a duty to plaintiff to provide her with a level of medical care higher than that available from local facilities in Liberia. Defendants promised Tarpeh-Doe the best possible medical care. Although federal regulations provided some evidence of the standard of care to be applied, District of Columbia law also provided that the standard of care in negligence cases was reasonable care under the circumstances. Moreover, the Court held that the facts and circumstances of the case supported a finding of negligent supervision on the part of the defendants. Defendants knew that Dr. Lefton’s unavailability was not the result of other commitments or responsibilities but was instead the result of Dr. Lefton's unwillingness to provide medical care. Dr. Lefton's negligent actions and omissions proximately caused Nyenpan's injuries. Dr. Lefton's lack of care could have and should have been foreseen by the United States defendants. Accordingly, defendants were held liable to plaintiffs for any damages they suffered.