Irma Herrera v. United States

Summary

The court affirmed the dismissal of Herrera's Federal Tort Claims Act case because it declined to overrule the circuit's recent precedent holding that the Westfall Act's saving provision does not apply to medical-malpractice cases removed under the Public Health Service Act. The court held that Herrera offered no compelling reason to depart from that precedent and merely argued that it was wrongly decided.