Evans v. U.S.

The Seventh Circuit was asked to determine whether the savings provision in the Federal Employees Liability Reform and Tort Compensation Act (Westfall Act) applies in a medical malpractice case when the government deems the sued medical professional to be a federal employee, certifies that he was acting within the scope of his employment, and replaced him as a party under the Public Health Service Act. The Seventh Circuit explained that because the savings provision limits its application to actions where the United States is substituted as a party under the Federal Tort Claims Act the savings provisions of the Westfall Act did not apply. (ST. EVE, concurring)