Sandra G. Hale v. United States, et al.

Petitioner Ms. Hale is a veteran that went to a Veteran’s Administration (VA) Dental Clinic for routine fitting of dentures that had been cleaned with a pesticide cleaning product, which on its label forbids such usage. After wearing the dentures home, Ms. Hale developed chemical burns and sued under 28 U.S.C.§ 1346, Federal Tort Claims Act (FTCA) and provided an expert Toxicologist report which was dis­ regarded because it was not from a dentist. The VA dentist was fined $600 for violation of federal pesti­ cide statutes even though he was following VA dental policies, which when investigated, were found to be unlawful and outdated since 1995 and is knowingly supported by Respondent.

1. Whether an expert Toxicologist can testify regarding chemical burns.

2. Whether cleaning dentures is practicing den­ tistry and therefore a dental treatment under the health care liability statute requiring an expert dentist report.

3. Whether both courts violated all known stat­ utes, precedence and case law by finding Dr. Seder’s federal pesticide conviction and the intentional use of outdated and unlawful VA hospital policies are not negligence per se as a matter of law.