In re: Hudson

Federal 7th Circuit Court
Civil Court
Case Number: 
No. 13-1114
Decision Date: 
March 5, 2013
Federal District: 
Petition for Writ of Mandamus, C.D. Ill.
Petition denied
Ct. of Appeals denied plaintiff’s petition for mandamus that challenged Dist. Ct.'s order granting defendant’s motion under section 1404(a) to transfer plaintiff’s FTCA action alleging that prison personnel failed to properly diagnose plaintiff’s blood clot in leg, after finding that Dist. of Kansas possessed superior convenience of litigation. While mandamus is appropriate means of challenging Dist. Ct.’s ruling, Dist. Ct. did not commit clear error where: (1) two-thirds of potential witnesses were either in Kansas or California; (2) medical records were located in Kansas; and (3) Dist. of Kansas had lighter case load. Ct. further noted that plaintiff did not argue that technological advances could have neutralized advantages of Kansas forum. Fact that plaintiff and his treating physicians lived in Illinois did not require different result.