Cartwright v. United States

16 Cl. Ct. 238, 1989 U.S. Claims LEXIS 11, 1989 WL 4668
CourtUnited States Court of Claims
DecidedJanuary 25, 1989
DocketNo. 762-86C
StatusPublished
Cited by4 cases

This text of 16 Cl. Ct. 238 (Cartwright v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cartwright v. United States, 16 Cl. Ct. 238, 1989 U.S. Claims LEXIS 11, 1989 WL 4668 (cc 1989).

Opinion

ORDER

NETTESHEIM, Judge.

This case comes before the court on cross-motions for summary judgment. Argument was held after the matter was transferred to this court for decision on October 4, 1988. Following argument on November 3, 1988, the case was remanded for additional findings. A supplemental administrative decision has been received, upon which the parties have commented.

Plaintiff Grace Cartwright (“plaintiff”), the widow of Lt. Wilson Cartwright, who until his death served as a corrections officer for the State of Georgia, seeks to recover the $50,000.00 survivor benefit available under the Public Safety Officers’ Benefit Act, 42 U.S.C. §§ 3796-3796C (Supp. IV 1986) (the “PSOBA”). Plaintiff argues that the denial of survivor benefits by the Director of the Bureau of Justice Assistance (the “BJA”) was arbitrary, capricious, and unsupported by the record. Defendant seeks affirmation of the Director’s deci[239]*239sion, arguing that the Director’s denial of benefits was in conformity with applicable statutes and regulations, supported by substantial evidence, and neither arbitrary nor capricious.

FACTS

The following facts are undisputed. On October 26, 1984, an inmate at the Middle Georgia Corrections Complex in Hardwick, Georgia, kicked corrections officer Lt. Cartwright in the chest and abdomen. Following the incident Lt. Cartwright sought medical attention for pain in the left side of his chest — first from the prison infirmary and then from the Baldwin County Hospital. While at the hospital, Lt. Cartwright’s physicians discovered a chronic abdominal aortic aneurysm.1 On October 31,1984, Lt. Cartwright underwent surgery to remove the aneurysm. Due to the severity of complications resulting from the surgery, Lt. Cartwright was transferred to the Medical Center of Central Georgia, where he underwent repeated dialysis and two additional operations. “The last part of the course,” wrote a physician reporting on the cause of Lt. Cartwright’s surgeries, “was essentially desperation in heroics in a last effort to prevent his death from hemorrhage and shock.” Despite numerous measures taken by doctors and nurses attending Lt. Cartwright, he died on November 26, 1984.

The death certificate issued for Lt. Cartwright listed his cause of death as “intractable shock, complications of surgery [and] abdominal aortic aneurysm.”

On June 24, 1985, plaintiff filed a claim for survivor benefits under the PSOBA with the Claims Officer pursuant to 28 C.F.R. § 32.20 (1986). On October 1, 1985, the BJA informed plaintiff that her claim was denied because the law governing the PSOBA would not allow approval of her request.

On October 8, 1985, plaintiff appealed the BJA’s adverse determination. A hearing was held on December 17, 1985, see 28 C.F.R. § 32.24(a), at which plaintiff presented documentary evidence and two witnesses who testified in support of her claim for benefits. On May 13, 1986, the Hearing Examiner issued a written decision stating that Lt. Cartwright’s death was not a direct result of the inmate’s attack.

Plaintiff appealed this decision to the Director of the BJA. By letter of July 11, 1988, the Director denied plaintiff’s eligibility, see 28 C.F.R. § 32.24(i) (regarding finality requirement), from which decision plaintiff now appeals to this court.

DISCUSSION

Section 3796(a) of the PSOBA provides for the payment of a $50,000 death benefit to the survivors of a Public Safety Officer who dies as a direct and proximate result of injuries sustained in the line of duty. For purposes of the PSOBA, “ ‘[d]irect and proximate’ ” or “ ‘proximate’ ” means that the antecedent event is a substantial factor in the result. 28 C.F.R. § 32.2(d).

Review of agency decisions in PSO-BA matters is limited. The role of a reviewing court is to make three inquiries as to the denial of survivor benefits: whether there has been substantial compliance with statutes and implementing regulations; whether government officials acted arbitrarily or capriciously in carrying out their duties; and whether there was substantial evidence in the record to support the decision of the BJA. Morrow v. United States, 227 Ct.Cl. 290, 296, 647 F.2d 1099, 1103, cert. denied, 454 U.S. 940, 102 S.Ct. 475, 70 L.Ed.2d 247 (1981); Durco v. United States, 14 Cl.Ct. 424, 427 (1988); Tafoya v. United States, 8 Cl.Ct 256, 261 (1985).

1. Procedural compliance

Plaintiff does not complain that the agency failed to comply with the governing statute or implementing regulations. The record reveals that plaintiff requested and received review of her claim by government pathologists, a BJA Hearing Examin[240]*240er, and the Director of the BJA. No evidence suggests that plaintiff was denied an opportunity to present evidence or marshal arguments as to her eligibility for benefits. 28 C.F.R. § 32.24(c). Instead, plaintiff attacks the merits of the BJA’s decision.

2. Arbitrary and capricious agency action

Plaintiff points to claimed errors of fact and law as evidence that the BJA acted arbitrarily and capriciously in denying her claim for survivor benefits.

Plaintiff first argues that Dr. Donald G. Wright, the consulting Army pathologist to the PSOBA Claims Officer, see 42 Fed.Reg. 23,260 (1977), erroneously found that the inmate’s kicks did not injure Lt. Cartwright’s aneurysm. Lt. Cartwright’s surgeon, Dr. Hector Piza, testified by deposition that, although the kicks “could have” injured the aneurysm, he could find no evidence of injury as a result of the blows. Therefore, the record does not support plaintiff’s objection.

Next, plaintiff contends that government pathologists overlooked the fact that Lt. Cartwright’s fibrosis and inflammation— which ultimately complicated surgery— were the result of the kicks. Again, the record contradicts plaintiff’s arguments. Regarding the cause of the fibrosis, both Dr. Piza and the physician who authored the “Report of Operation” concur in the opinion that Lt. Cartwright’s retroperitoneal fibrosis was not the result of anything so recent as the inmate attack. The pathology of this type of scarring is better explained by chronic leaking of the aneurysm or as the result of hypertension.

There is considerable debate, however, as to the cause of Lt. Cartwright’s inflammation. Dr. Piza, in the course of his deposition, takes both sides of the argument— first stating that there is no way to tell whether the inflammation was due to the aneurysm or the kicks and then testifying that there was a “causal connection” between the kicks suffered and the resulting inflammation. Dr. Charles W. Wickliffe, plaintiff’s cardiology expert, agrees with Dr.

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16 Cl. Ct. 238, 1989 U.S. Claims LEXIS 11, 1989 WL 4668, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cartwright-v-united-states-cc-1989.