US Prevails in Wrongful Death Action/MedMal Brought against Indian Health Service

Here are the materials in Archambault v. United States (D. S.D.):

32 US Motion for Summary J

41 Archambault Opposition

45 US Reply

49 DCT Order Granting Summary J to the US

An excerpt:

Plaintiff, in the briefs, has lodged many complaints against the Indian Health Service (“IHS”) and the failures of the United States to live up to treaty obligations. The court sympathizes with the plaintiff. The problems within HIS are well known, at least to those of us with significant contacts with “Indian Country.” I have often observed that Native Americans have been and are being unfairly treated by the United States, considering the failed promises these many years. This court, however, cannot micromanage the IHS or even a single clinic. I cannot dictate how many hours per day or week or month any federal health care provider should be required to be on duty. The court also realizes how very difficult it is for any health care agency to recruit and retain qualified health care providers, especially in rural isolated areas. Living conditions are often sub-standard, especially for highly educated workers. The climate is rather harsh. The ultimate solution is for Native Americans to obtain the necessary education and skills to return to serve their families and others. That process has already started and improvements have been made by dedicated health care providers. Much more remains to be accomplished.

Prior post on this case here.

IHS Changes Venue in Wrongful Death Suit from Western Division to Northern Division of District of South Dakota

Here are the materials in Archambault v. United States (D. S.D.):

Archambault Redacted Complaint

DCT Order Granting US Motion to Change Venue