A federal court has ruled in favor of the United States in a medical malpractice lawsuit involving military healthcare providers at Bassett Army Community Hospital in Alaska. The decision, announced by U.S. Attorney Michael J. Heyman, follows a three-week bench trial before visiting U.S. District Judge Scott A. Rash.
Emily and Justin Acker filed the complaint under the Federal Tort Claims Act (FTCA), alleging that doctors and nurses at the hospital caused their child to suffer a skull fracture and permanent brain injury during a C-section delivery in late 2020. The plaintiffs sought over $14 million in economic damages.
Under the FTCA, the government can be held liable for injuries caused by its employees if it is proven they breached the standard of care while performing their duties. In this case, evidence presented during the trial showed that the child was born in good condition but returned to the hospital three weeks later with symptoms of severe brain injury, as well as rib and wrist fractures.
In an order issued on November 6, 2025, Judge Rash found no evidence that healthcare providers at Bassett Army Community Hospital failed to meet professional standards during delivery or caused harm to the infant. The court stated: “Given the extensive injuries [the infant] presented with… it strains credulity to find that such injuries occurred at birth but did not have any medically significant manifestation for approximately twenty days.” The judgment concluded that there was no deviation from standard medical care and dismissed claims against the government.
On February 10, 2026, the court ordered Emily and Justin Acker to pay $44,000 in legal costs incurred by the United States while defending against their claim.
“I want to commend our Assistant U.S. Attorneys of their tireless fight to receive a defensive verdict on behalf of the U.S. in this case,” said U.S. Attorney Michael J. Heyman for the District of Alaska. “Their work helps ensure that our military medical professionals can work to provide our armed forces and their families with the best possible care, as well as protects the American taxpayers from frivolous claims.”
Assistant U.S. Attorney Josh Traini and former Assistant U.S. Attorney Marie Scheperle represented the government during litigation.
