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Conn v. United States

United States District Court for the Southern District of Mississippi
880 F.Supp.2d 741 (2012)


Facts

John Conn (plaintiff) suffered a heart attack and was admitted to a Veterans Affairs (VA) hospital (defendant) in Jackson, Mississippi. The VA kept John overnight for observation but discharged him the following morning. Unbeknownst to John or the VA, Conn had a 90 percent blockage in a left artery of his heart. Two days later John suffered a second, massive heart attack and nearly died. After John recovered, he and his wife, Patricia, filed a medical malpractice suit against the federal government. The Conns engaged Mark Strong, M.D., to serve as their medical expert. Dr. Strong reviewed John’s medical records and issued a report which stated that John had suffered an acute heart attack immediately preceding his admission to the VA hospital and that the VA’s course of treatment was not appropriate and contrary to the course of action recommended by the American Heart Association (AHA) and the America College of Cardiology (ACC). Additionally, Dr. Strong noted that his “personal recommendation” would have been for John to undergo several coronary tests at the time of admission to the VA. The federal government filed a motion for summary judgment.

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Holding and Reasoning (Reeves, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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