Sabelita Hawkins v. United States
14 F.4th 1018
| 9th Cir. | 2021Background:
- Hawkins, a Navy veteran and VA hospital RN, had a mental breakdown at work in Oct 2011, was hospitalized, and then sought follow-up psychiatric care from VA doctors Daniel Doan and Carl Jensen.
- Hawkins alleges the VA doctors negligently failed to prescribe effective medication for severe insomnia and anxiety after she reported her prior antidepressant was ineffective.
- In Dec 2011, after severe sleep deprivation, Hawkins suffered a psychotic break and seriously wounded her mother; she was criminally convicted and has been unable to work since.
- Hawkins exhausted administrative remedies and sued the United States under the FTCA for medical malpractice by the VA doctors.
- Because Hawkins was a federal employee who had alleged workplace bullying caused her initial breakdown, FECA (the federal workers’ compensation statute) potentially barred related tort suits; the district court dismissed the FTCA claim, relying on Lance v. United States.
- The OWCP denied Hawkins’s FECA claim, finding her breakdown was not caused by workplace bullying; the Ninth Circuit reversed the dismissal and remanded.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether FECA bars Hawkins’s FTCA malpractice claim | Hawkins: FECA does not bar malpractice where the underlying injury was not work-related per OWCP | United States: FECA bars FTCA malpractice claims when treatment arises from an injury allegedly sustained in the performance of duty | Court: FTCA claim allowed because OWCP determined Hawkins’s injury was not sustained in performance of duty |
| Whether Lance controls here | Hawkins: Lance applies only when the treated injury is work-related | United States: Lance bars malpractice suits by federal employees treated for workplace injuries | Court: Lance inapplicable because OWCP found no work-related injury |
| Effect of OWCP’s determination | Hawkins: OWCP denial that injury was job-related frees FTCA remedy | United States: Agency findings should not permit an end run around FECA | Court: OWCP’s determination that injury was non-work-related means FECA’s exclusive remedy does not apply |
| Whether district court erred in dismissing FTCA claim | Hawkins: Dismissal improper given OWCP finding | United States: Dismissal supported by precedent | Court: District court erred; judgment reversed and case remanded |
Key Cases Cited
- Lance v. United States, 70 F.3d 1093 (9th Cir. 1995) (held FECA bars FTCA malpractice claims arising from work-related injuries)
- Lockheed Aircraft Corp. v. United States, 460 U.S. 190 (1983) (explains FECA’s exclusive-remedy bargain for federal employees)
- Southwest Marine, Inc. v. Gizoni, 502 U.S. 81 (1991) (FECA precludes other suits for compensable work-related injuries)
- Spinelli v. Goss, 446 F.3d 159 (D.C. Cir. 2006) (applies the rule that FECA bars FTCA malpractice claims tied to work injuries)
- Noble v. United States, 216 F.3d 1229 (11th Cir. 2000) (same principle: malpractice arising from a compensable work injury is barred by FECA)