Francisco Castenada was being detained by immigration authorities. He consistently sought treatment for a bleeding lesion. A physicians assistant and three outside specialists repeatedly stated that Castenada urgently needed a biopsy. A Public Health Service physician and a Public Health Service officer, however, denied the request. After Castenada was released from custody, tests confirmed that he had metastatic cancer.
Castenada sued the United States under the Federal Tort Claims Act. He also sued the Public Health Service employees for constitutional violations. After Castenada died, his heirs became plaintiffs.
After several appeals, the United States Supreme Court has recently dismissed the lawsuit against the Public Health Service employees. According to the Court, the only legal remedy here is against the United States under the Federal Tort Claims Act. If the case had been allowed to proceed against the Public Health Service employees, different rules would apply. There would be a trial before a jury. It would be governed by uniform federal rules rather than state law. Punitive damages would be available.
The Castenada family is not left without a remedy. During the appeal, the United States filed a formal notice admitting medical negligence under the Federal Tort Claims Act. The case was remanded to the district court for what will be a trial on damages only.
