Herrera v. U.S.

Plaintiff alleged that her doctors committed medical malpractice when she gave birth at a community health clinic. Plaintiff initially sought relief in state court, but because the clinic received federal funding the attorney general removed the case to federal court. The district court dismissed the case for failure to exhaust administrative remedies, and plaintiff followed the Westfall Act’s saving provision in an attempt to save her claim. The Seventh Circuit affirmed the dismissal, following prior precedent establishing that the Westfall Act’s saving provision does not apply to medical malpractice cases. (BRENNAN, dissenting)