Free Status Report - District Court of Delaware - Delaware

Case 1 :08-cv—00058-GIVIS Document 6 Filed 08/21 /2008 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MICHAEL J. WOLANSKI, )
Plaintiff, j
) N0.: 08-00058 GMS
v. )
)
UNITED STATES OF AMERICA, )
Defendant. g
JOINT STATUS REPORT
The parties, by and through their undersigned counsel, hereby submit the following Joint
Status Report pursuant to the Court’s Order dated July 29, 2008.
1. JURISDICTION AND SERVICE
The Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1346(b). All of the
parties are subject to the personal jurisdiction ofthe Court. Defendant has been served.
2. SUBSTANCE OF ACTION
This action arises under the Federal Torts Claim Act, 28 U.S.C. § § l346(b), 2671-80.
Plaintiff Michael Wolanski is a Vietnam veteran who received medical care at the Veterans
Administration Medical Center in Wilmington, Delaware ("VAMC"). He seeks damages for alleged
medical malpractice on the part of the VAMC in failing to prevent and timely diagnose his rectal cancer.
3. IDENTIFICATION OF ISSUES
The issues to be presented to the Court for resolution are as follows:
(a.) Whether the defendant breached the standard of care in its care and treatment of
plaintiff Michael Wolanski;
(b.) Assuming defendant breached the applicable standard of care, what injuries,
damages and losses did plaintiff sustain as a direct and proximate result‘of such breach;
(c.) Assuming liability, the amount of damages to be awarded to plaintiff for the
injuries, damages and losses he sustained as a direct and proximate result of defendant’s negligence; and
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Case 1 :08-cv—00058-GIVIS Document 6 Filed 08/21 /2008 Page 2 of 3
(d.) Assuming an award of damages, the amount by which such damages should be
reduced/offset to take into account benefits plaintiff has received from the Veterans Administration.
4. NARROWING OF ISSUES
The parties may be able to narrow the issues by stipulating to certain facts contained in
plaintiff’s medical records as well as the authenticity of such records. They may also be able to stipulate
to the amount of plaintiffs medical expenses and the amount by which any damages plaintiff is awarded
should be offset by benefits he has received.
The panties do not anticipate that this matter will be subject to any dispositive motions.
5. RELIEF
Plaintiff seeks an award of compensatory damages for his pain and suffering, disability,
and medical expenses, past and future.
6. AMENDMENT OF PLEADING
The parties do not anticipate the need to amend the pleadings.
7. JOINDER OF PARTIES
The paities do not anticipate joining any additional parties to this action.
8. DISCOVERY
The parties expect that paper discove1y will be limited. It is anticipated that the parties
will depose each other’s experts and that plaintiff and his treating physicians, including physicians at the
VAl\/IC, will be deposed. In all likelihood, discovery can be accomplished in six to seven months.
Medical records and bills in possession of the parties will be exchanged informally.
9. ESTIMATED TRIAL LENGTH
Three days. Bifurcation is not desirable or necessary. V
It may be possible to shorten the length of the trial somewhat by stipulating to certain
g medical and damages evidence, including the amount of offset.
10. JURY TRIAL
No.
2
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1 1 . SETTLEMENT
The parties engaged in good faith pre—suit settlement discussions, but were unable to
reach an agreement. They are amenable to mediation.
12. ADDITIONAL MATTERS
Not applicable.
13. STATEMENT OF COUNSEL
Counsel for the parties certify that they have conferred about the matters set forth herein.
YOUNG CONAWAY STARGATT & THE HONORABLE COLM F. CONNOLLY
TAYLOR, L.L.P UNITED STATES ATTORNEY
/s/ Neilli Mullen Walsh /s/ Patricia C. Hannigan
Richard A. DiLiberto, Jr., (#2429) Patricia C. Hannigan (#2145)
Neilli Mullen Walsh (#2707) Assistant United States Attorney
1000 West Street, 17*h Floor 1007 N. Orange Street, Suite 700
The Brandywine Building P.O. Box 2046
P.O. Box 391 Wilmington, DE 19899
Wilmington, Delaware 19899-0391 (302) 573-6277
(302) 571-6657/6603 Attorneys for Defendant
Attorneys for Plaintiff
Dated: 8/21/08 Dated: 8/21/08
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