United States District Court, D. Nevada
FRANCIS G. WATSON, Plaintiff,
UNITED STATES, et al. Defendants.
ORDER DEFENDANT'S MOTIONS TO DISMISS (ECF NO.
RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE
case is before the Court on a Motion to Dismiss for Lack of
Jurisdiction by Defendant United States (ECF No. 5).
reasons stated below, the Motion to Dismiss is GRANTED as to
the United States. The remaining claims against Defendants
Kirmani, Nevada Retina Associates, Eisenberg, and Shepherd
Eye Center, brought under Nevada state law, are remanded to
Complaint asserts medical malpractice and professional
negligence causes of action against Defendants. The Court
finds the following summary of factual allegations relevant
to the federal Defendant in this case:
about November 5, 2013, Mr. Watson presented to Dr. Molchan
of the Ophalmology Department at Nellis Air Force Base, for
an operation on his left eye. During the surgery, Dr. Molchan
placed an interior chamber lens that was oversized, which
caused Mr. Watson to have stretching of the iris and
significant bleeding issues. On or about November 15, 2013,
Dr. Molchan performed an anterior chamber irrigation on Mr.
Watson's left eye to remove dried blood, which provided
partial vision. After Mr. Watson saw Dr. Molchan for multiple
appointments, the parties decided that Mr. Watson should seek
consultation from a retina specialist.
Complaint also contains various allegations related to other
subsequent operations with different doctors, who are the
non-federal Defendants in this case. As a result of
Defendants' actions, Mr. Watson is blind in his left eye
and has permanent glaucoma.
filed his Complaint against federal employee Defendant Ryan
P. Molchan, and remaining non-federal Defendants, on April
30, 2015, in Clark County District Court. Defendant Molchan
was served on January 5, 2016. The case was removed to
federal court on March 18, 2016. (ECF No. 1). On March 18,
2016, the United States filed a motion to substitute itself
for individual Defendant Ryan P. Molchan, in the matter. (ECF
No. 2). The Court granted this motion, pursuant to the
Westfall Act, since the United States Attorney's office
provided a certification that, at all times relevant to the
allegations in the Complaint, Dr. Molchan was acting within
the course and scope of federal employment or office with the
United States. The Court granted this substitution on January
United States filed a Motion to Dismiss for Lack of
Jurisdiction on March 25, 2016. (ECF No. 5). Plaintiff filed
a Response on April 15, 2016. (ECF No. 10), and Defendant
filed a Reply on April 28, 2016. (ECF No. 15). A hearing was
held on February 9, 2017, and the Court incorporates the
discussion from that hearing by reference.
Motion to Dismiss Under ...