Free Answer to Complaint - District Court of Delaware - Delaware

Case 1:07-cv-00743-MPT

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE DAVID E. JONES Plaintiff, v. UNITED STATES OF AMERICA Defendant. : : : : : : : : :

Civil Action No. 07-743-***

ANSWER NOW COMES the United States of America, by and through its counsel, Colm F. Connolly, United States Attorney, and Seth M. Beausang, Assistant United States Attorney, and hereby answers the Plaintiff's Complaint as follows: 1. Paragraph 1 of Plaintiff's Complaint states conclusions of law to which no

response is required. 2. Paragraph 2 of Plaintiff's Complaint states conclusions of law to which no

response is required. 3. Defendant is without knowledge or information sufficient to form a belief as to

the truth of the allegations in Paragraph 3 of Plaintiff's Complaint. 4. Admitted that these persons were agents and employees of the United States

Department of Veterans Affairs Medical Services Division. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations that these persons were agents and employees, or acting within the scope of their authority as agents and employees, "at all times material to this complaint." 5. Admitted that these persons were medical students assigned to the Department of

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Veterans Affairs Medical Center, Wilmington, Delaware. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations that these persons were "under the supervision and director or Claude P. Lieber, Chief of Surgery," "at all times material to this complaint." 6. Admitted that this person was an agent and employee of the United States

Department of Veterans Affairs, Veterans Benefit Division. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations that this person was an agent and employee, or acting within the scope of his authority, "at all times material to this complaint." 7. 8. 9. 10. 11. Admitted. Admitted. Admitted. Admitted. Defendant is without knowledge or information sufficient to form a belief as to

the truth of the allegations in Paragraph 11 of Plaintiff's Complaint. 12. Defendant is without knowledge or information sufficient to form a belief as to

the truth of the allegations in Paragraph 12 of Plaintiff's Complaint. 13. 14. Admitted. Defendant is without knowledge or information sufficient to form a belief as to

the truth of the allegations in Paragraph 14 of Plaintiff's Complaint. 15. 16. Admitted. Admitted. 2

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17. 18.

Denied. Defendant is without knowledge or information sufficient to form a belief as to

the truth of the allegations in Paragraph 18 of Plaintiff's Complaint. 19. Defendant is without knowledge or information sufficient to form a belief as to

the truth of the allegations in Paragraph 19 of Plaintiff's Complaint. 20. Defendant is without knowledge or information sufficient to form a belief as to

the truth of the allegations in Paragraph 20 of Plaintiff's Complaint. 21. Defendant is without knowledge or information sufficient to form a belief as to

the truth of the allegations in Paragraph 21 of Plaintiff's Complaint. 22. Defendant is without knowledge or information sufficient to form a belief as to

the truth of the allegations in Paragraph 22 of Plaintiff's Complaint. COUNT ONE NEGLIGENT MEDICAL PRACTICE 23. Complaint. 24. 25. 26. 27. 28. Denied. Denied. Denied. Denied. Denied. Defendant incorporates its answers to Paragraphs 1 through 22 of Plaintiff's

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COUNT TWO LACK OF INFORMED CONSENT 29. Complaint. 30. 31. Denied. Defendant is without knowledge or information sufficient to form a belief as to Defendant incorporates its answers to Paragraphs 1 through 28 of Plaintiff's

the truth of the allegations in Paragraph 31 of Plaintiff's Complaint. 32. 33. 34. Denied. Denied. Denied. COUNT THREE BATTERY 35. Complaint. 36. 37. 38. 39. Denied. Denied. Denied. Denied. AFFIRMATIVE DEFENSES 1. 2. Plaintiff's Complaint fails to state a claim upon which relief can be granted. Any judgment should be offset by benefits the Plaintiff has received or will Defendant incorporates its answers to Paragraphs 1 through 34 of Plaintiff's

receive from the Defendant, including benefits the Plaintiff has received or will receive pursuant 4

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to 38 U.S.C. § 1151. 3. 4. Plaintiff's claims are barred by laches and/or the applicable statutes of limitations. Plaintiff's claims should be dismissed for lack of exhaustion.

DATED: January 18, 2008.

Respectfully submitted, COLM F. CONNOLLY United States Attorney

By:

/s/ Seth M. Beausang Seth M. Beausang Assistant U.S. Attorney District of Delaware The Nemours Building 1007 N. Orange Street, Suite 700 Wilmington, DE 19899-2046 (302) 573-6277

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