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MALMBERG v. U.S.

No. 5:06-CV-1042 (FJS/GHL).

814 F.Supp.2d 159 (2011)

Charles MALMBERG, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, N.D. New York.

May 3, 2011.

Attorney(s) appearing for the Case

Paul William Beltz, P.C., Robert B. Nichols, Esq. , of Counsel, Buffalo, NY, for Plaintiff.

Office of the United States Attorney, William F. Larkin , AUSA, of Counsel, Syracuse, NY, for Defendant.

MEMORANDUM-DECISION AND ORDER

SCULLIN, Senior District Judge.

I. INTRODUCTION

On or about September 15, 2006, Plaintiff filed this action pursuant to the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 1346(b) and 2671 et seq., for injuries he sustained on or about November 4, 2004, during the course of an anterior cervical discectomy with fusion ("ACDF") at the Syracuse Veterans Administration Medical Center ("SVAMC"), in Syracuse...

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