No. 19-578

Sandra G. Hale v. United States, et al.

Lower Court: Fifth Circuit
Docketed: 2019-11-04
Status: Denied
Type: Paid
Response Waived
Tags: administrative-law chemical-burns chemical-exposure expert-testimony federal-tort-claims-act medical-malpractice pesticide-regulations pesticide-usage veterans-affairs
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2020-01-10
Question Presented (AI Summary)

Whether an expert Toxicologist can testify regarding chemical burns

Question Presented (from Petition)

QUESTIONS PRESENTED Petitioner Ms. Hale is a veteran that went to a Veteran’s Administration (VA) Dental Clinic for routine fitting of dentures that had been cleaned with a pesticide cleaning product, which on its label forbids such usage. After wearing the dentures home, Ms. Hale developed chemical burns and sued under 28 a US.C.§ 1346, Federal Tort Claims Act (FTCA) and ; provided an expert Toxicologist report which was disregarded because it was not from a dentist. The VA ; ; dentist was fined $600 for violation of federal pesti: ; cide statutes even though he was following VA dental policies, which when investigated, were found to be unlawful and outdated since 1995 and is knowingly : : . supported by Respondent. 1. Whether an expert Toxicologist can testify ~ regarding chemical burns. . ; 2. Whether cleaning dentures is practicing dentistry and therefore a dental treatment under the : , health care liability statute requiring an expert dentist . ce report. . ; 3. Whether both courts violated all known statutes, precedence and case law by finding Dr. Seder’s ; federal pesticide conviction and the intentional use of ; ; outdated and unlawful VA hospital policies are not ; _ negligence per se as a matter of law. : ii . . . LIST OF PROCEEDINGS . United States Court of Appeals for the Fifth Circuit , No. 19-20164 Sandra G. Hale, v. United States of _ America; Department of Veterans Affairs; Stephen Seder, Doctor; Rajani Potu, Doctor; Baylor University ; System; Michael Debakey Medical Center : (VA Hospital), , Decision Date: July 11, 2019. : ; ; Rehearing Denial Date: August 9, 2019 United States District Court for the , Southern District of Texas, Houston Division ; ; . . Civil Action No. 4:16-CV-1189 : ; ; Sandra G. Hale, Plaintiff, v. United States of America, Et Al, Defendants. _ oe : Decision Date: March 18, 2019 iii a

Docket Entries

2020-01-13
Petition DENIED.
2019-12-18
DISTRIBUTED for Conference of 1/10/2020.
2019-12-04
Waiver of right of respondent United States, et al. to respond filed.
2019-10-25
Petition for a writ of certiorari filed. (Response due December 4, 2019)

Attorneys

Sandra G. Hale
Sandra G. Hale — Petitioner
Sandra G. Hale — Petitioner
United States, et al.
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent