Marks v. United States of America

Everett Marks, a Vietnam veteran, underwent abdominal surgery at the West Haven VA Medical Center in 2015. A surgical sponge was accidentally left inside his body, causing severe pain, infection, and the need for multiple corrective surgeries. Marks filed a medical malpractice lawsuit against the United States under the Federal Tort Claims Act, alleging the VA hospital’s negligence directly caused his prolonged suffering. After a bench trial, U.S. District Judge Stefan R. Underhill issued a ruling on November 15, 2018, finding the government fully liable. The court determined that the standard of care was breached and awarded Marks $2.4 million in damages for past and future pain, suffering, and medical expenses.

The U.S. District Court found the United States liable for medical malpractice and awarded the plaintiff Everett Marks a total of $2.4 million in damages.

Whether the United States government was liable under the Federal Tort Claims Act for the VA hospital's negligence in leaving a surgical sponge inside the plaintiff, and the appropriate amount of non-economic and economic damages for the resulting injuries.

The case highlighted systemic issues of medical negligence within Veterans Affairs facilities and underscored the ability of veterans to seek accountability through the Federal Tort Claims Act. It reinforced the government's liability for surgical errors and drew public attention to patient safety standards in federally operated hospitals.