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ROCHLING v. DEPARTMENT OF VETERANS AFFAIRS

No. 12-2828.

725 F.3d 927 (2013)

Fedja ROCHLING, M.D., Plaintiff-Appellant v. DEPARTMENT OF VETERANS AFFAIRS; Eric K. Shinseki, in his official capacity as the Secretary for the Department of Veterans Affairs; Department of Health and Human Services; Kathleen Sebelius, in her official capacity as the Secretary for the Department of Health and Human Services, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 8, 2013.

Attorney(s) appearing for the Case

John McClure Walker , argued and on the brief, Brian J. Brislen , on the brief, Omaha, NE, for appellant.

Robert Homan , AUSA, argued and on the brief, Omaha, NE, for appellee.

Before COLLOTON, GRUENDER, and BENTON, Circuit Judges.

BENTON, Circuit Judge.

Following a patient's death at a Veterans Affairs hospital, the family sued the VA for medical malpractice. The VA settled with the family. After reviewing the case, the VA determined that the settlement was "for the benefit of" Dr. Fedja A. Rochling, M.D. This finding required a report to the National Practitioner Data Bank (NPDB). Following his administrative appeals, Rochling sued the VA alleging...

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