On December 19, 2012, the 4th Circuit issued a published opinion, Butler v. United States, distinguishing the evidence neccessary to establish a Dependency and claim pursuant to 38 USC 1151 versus a wrongful death and loss of concortium claim under the Federal Tort Claims Act, 28 USC 1346.
The 4th Circuit agreed with a 9th Circuit opinion in Littlejohn v. United States, 321 F.3d 915 (9th Cir 2003) that decisions of the VA are not binding on a FTCA action. The 4th Circuit affirmed the judgment of the district court dismissing Mrs. Butler’s action after Mrs. Butler chose not to call an expert witness to prove her medical malpractice claim.
