Irma Herrera v. United States

Summary

The court affirmed dismissal of Herrera’s medical-malpractice action because a recent circuit precedent held that the Westfall Act’s saving provision does not apply to cases removed under the Public Health Service Act. The court declined to revisit that precedent, concluding that Herrera offered no compelling reason to overrule it. Chief Judge Brennan dissented, arguing that the statutory text requires the saving provision to apply when the government substitutes itself as defendant.