Page:United States Statutes at Large Volume 79.djvu/1196

 1156

PUBLIC LAW 89-311-OCT. 31, 1965

[79 STAT.

(rator shall allow the next higher rate, or (2) has also suffered serviceconnected total deafness in one ear, the Administrator shall allow the next intermediate rate, but in no event in excess of $600;". ^ Medal of Honor g^,^ 4 Section 560(b) of title 38, United States Code, is amended 77 Stat. 95; by Striking o u t ", who has attained the age of forty years,". ^^?ftat^°iTio ^? ^ ' ^- ^^^ti^^ 10^ ^f title 38, United States Code, is amended by adding at the end thereof the following new subsection: "(e) Each person who has incurred a disability as a result of an injury or disease described in subsection (b) shall be entitled to the same rights, privileges, and benefits under the Act of June 27, 1944 5 USC 851 and (58 Stat. 387-391), as a person described in section 2(1) of such Act." note. SEC. 6. (a) Chapter 73 of title 38, United States Code, is amended 38 USC 410 1 et seg. by adding at the end thereof the following new section: "§ 4116. Defense of certain malpractice and negligence suits " (a) The remedy by suit against the United States as provided by 53 Stat. 62. section 1346(b) of title 28 for damages for personal injury, including death, allegedly arising from malpractice or negligence of a physician, dentist, nurse, pharmacist, or paramedical (for example, medical and dental technicians, nursing assistants, and therapists) or other supporting personnel in furnishing medical care or treatment while in the exercise of his duties in or for the Department of Medicine and Surgery shall hereafter be exclusive of any other civil action or proceeding by reason of the same subject matter against such physician, dentist, nurse, pharmacist, or paramedical or other supporting personnel (or his estate) whose act or omission gave rise to such claim. "(b) The Attorney General Shall defend any civil action or proceeding brought in any court against any person referred to in subsection (a) of this section (or his estate) for any such damage or injury. Any such person against whom such civil action or proceeding is brought shall deliver within such time after date of service or knowledge of service as determined, by the Attorney General, all process served upon liini or an attested true copy thereof to his immediate superior or to whomever was designated by the Administrator to receive such papers and such person shall promptly furnish copies of the pleading and process therein to the United States attorney for the district embracing the place wherein the proceeding is brought, C the Attorney General, and to the Administrator. O " (c) Upon a certification by the Attorney General that the defendant was acting in the scope of his employment in or for the Department of Medicine and Surgery at the time of the incident out of which the suit arose, any such civil action or proceeding commenced in a State court shall be removed without bond at any time before trial by the Attorney General to the district court of the United States of the district and division embracing the place wherein it is pending and the proceeding deemed a tort action brought against the United States 62 Stat. 869. under the provisions of title 28 and all references thereto. Should a United States district court determine on a hearing on a motion to remand held before a trial on the merit that the case so removed is one in which a remedy by suit within the meaning of subsection (a) of this section is not available against the United States, the case shall be remanded to the State court. " (d) The Attorney General may compromise or settle smy claim asserted in such civil action or proceeding in the manner provided in section 2677 of title 28, and with the same effect."

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