Opinion
Civil Action 20-6219
06-01-2022
FRANCIS BOYLE, et al., Plaintiff v. UNITED STATES OF AMERICA, Defendant
ORDER
GENE E. K. PRATTER, United States District Judge
AND NOW, this 31th day of May, 2022, upon consideration of the United States of America's Motion to Dismiss All Claims Alleging Corporate Negligence and Exclude the Expert Testimony of Dr. Kenneth Rothfield (Doc. No. 14), Mr. and Mrs. Boyle's response in opposition (Doc. No. 20), the United States of America's reply (Doc. No. 22), this Court having held oral argument on April 6, 2022, the supplemental briefing submitted after oral argument (Doc. Nos. 26 & 27), and for the reasons set forth in the accompanying Memorandum, it is ORDERED that the Motion (Doc. No. 14) is GRANTED IN PART and DENIED IN PART as follows:
1. The Motion is GRANTED as to any claims alleging corporate negligence and the last sentence of paragraph 6 of the complaint (Doc. No. 1) is STRICKEN;
2. The Motion is GRANTED as to Dr. Rothfield's proposed expert testimony about the duty of care owed by Dr. Poorvi Trivedi as a primary care physician;
3. The Motion is DENIED as to Dr. Rothfield's proposed expert testimony about the duty of care owed by Veterans Administration Medical Center-Philadelphia leaders acting in their administrative capacity.