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Merling Susana Lopez v. United States of America

April 4, 2012

MERLING SUSANA LOPEZ, PLAINTIFF,
v.
UNITED STATES OF AMERICA, DEFENDANT.



The opinion of the court was delivered by: Manuel L. Real U.S. District Judge

UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW

The Honorable Manuel L. Real

On March 19, 2012, this Court granted defendant United States of America's ("United States" or "Defendant") motion for summary judgment. (Dk. no. 28.) The Court ordered that "Defendant shall submit proposed uncontroverted facts and conclusions of law, a proposed order and a proposed judgment." (Id.) Pursuant to the Court's order, the United States hereby submits the following [Proposed] Uncontroverted Facts and Conclusions of Law.

UNCONTROVERTED FACTS

1. On March 18, 2008, Plaintiff, who was 24 years old at the time, presented herself to Clinicas Del Camino Real, Inc. ("Clinicas"), an entity receiving federal funds under the Federally Supported Health Centers Assistance Act of 1992, 42 U.S.C. § 233(g), as amended by the Federal Supported Health Centers Assistance Act of 1995 (P.L. 104-73), for a pre-employment physical examination.

2. During the evaluation process it was determined that Plaintiff required a hepatitis B vaccine, a MMR vaccine, and a PPD TB screening test.

3. Plaintiff underwent a physical examination which revealed no abnormalities except for mild myopia.

4. Plaintiff denied any significant past medical history. 5. Following the examination, the vaccinations and TB test were administered to Plaintiff while standing.

6. Upon receiving the third vaccination, Plaintiff fainted, fell to the ground, and suffered injury to her jaw.

7. Plaintiff filed this lawsuit on March 30, 2011.

8. On June 9, 2011, the Court substituted the United States in place of Clinicas and a Clinicas employee.

9. Plaintiff never provided the United States with an expert report.

10. The United States submitted the declaration of its expert, Ricardo G. Hahn, M.D., a professor at the University of Southern California, and physician for 36 years. Dr. Hahn's practice administers immunizations on a daily basis to infants, children, and adults. His practice supports a large training program where preventive medical services are integral to the clinical practice, and supports a number of local, state, and federal programs related to vaccination surveillance.

11. Dr. Hahn has participated on the Advisory Committee on Immunization Practices (ACIP) for the federal Centers for Disease Control and Prevention (CDC) as well as the ...


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