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SCALIA v. UNITED STATES

No. 78 Civ. 2775 (LBS).

475 F.Supp. 1040 (1979)

Gaspare SCALIA and Mary Scalia, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, S. D. New York.

August 30, 1979.

Attorney(s) appearing for the Case

Bernard Rolnick, New York City, Peter J. Dean, Arthur I. Miltz, New York City, of counsel for plaintiffs.

Robert B. Fiske, Jr., U. S. Atty., S. D. New York, New York City, Peter R. Paden, Asst. U. S. Atty., New York City, for defendant.

OPINION

SAND, District Judge.

The question posed by the motion before this Court is whether the sole remedy against the United States for injuries sustained by a federal employee allegedly resulting from medical malpractice occurring while he was being treated by the Public Health Service ("PHS") are those under the Federal Employees Compensation Act ("FECA") even though the treatment is claimed to have been mistakenly provided for an illness which, if properly...

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