Preview:

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND * * * Plaintiffs, * * v. * Case No.: RWT 09cv3072 * UNITED STATES OF AMERICA * * Defendant. * * MEMORANDUM OPINION VIRGINIA L. WILLEVER, et al. Plaintiff Virginia Willever and her children (collectively the "Willevers") brought this Federal Tort Claims Act action in 2009, alleging that the death of Virginia Willever's husband, Captain Edward Willever, was the result of the negligence of the staff of the National Naval Medical Center ("NNMC"). Three days before the conclusion of discovery, which included the depositions of experts for both sides, the Willevers moved for partial summary judgment on the issue of liability, arguing that the United States is precluded from contesting liability because it failed to file a certificate and report of a qualified expert with the Maryland Health Care Alternative Dispute Resolution Office, as required by the Maryland Health Care Malpractice Claims Act ("HCMCA"). The issue was fully briefed and the Court held a hearing on

January 3, 2011. For the reasons stated below, the Willevers' motion will be denied. BACKGROUND FACTS Captain Edward Willever underwent a four-vessel bypass surgery and left lower lung partial resection at the NNMC in Bethesda, Maryland on May 13, 2008. Compl.

Download Virginia L. Willever, et al. v. United States of America-Memorandum Opinion.pdf

Maryland Law