ANCHORAGE, Alaska – U.S. Attorney Michael J. Heyman announced Wednesday a complete defensive verdict in a medical malpractice claim brought against the U.S. under the Federal Tort Claims Act (FTCA). On Nov. 6, 2025, a judgment was entered in favor of the U.S. following a three-week bench trial before visiting U.S. District Judge Scott A. Rash. On Feb. 10, 2026, the Court entered a judgement against the plaintiffs and ordered them to pay $44,000 in legal costs to the U.S.

On June 13, 2023, the plaintiffs, Emily and Justin Acker, filed a medical malpractice complaint against the U.S. for alleged birth injuries sustained by their baby, who was born at Bassett Army Community Hospital at Fort Wainwright in late 2020. Under the FTCA, the U.S. is liable for medical malpractice claims arising from the actions of its employees acting within the scope of their employment. A plaintiff bringing an FTCA complaint must prove healthcare providers breached the standard of care and caused injury to the patient.

In their complaint, the plaintiffs claimed doctors and nurses at the hospital caused the child to suffer a skull fracture and permanent brain injury during a C-section delivery. However, the evidence demonstrated that at birth, the child was in excellent condition but returned to the hospital three weeks later manifesting symptoms of a severe brain injury, a rib fracture, and a fractured wrist. The Ackers were seeking over $14 million in economic damages.

In an order filed on Nov. 6, 2025, the Court found that the evidence did not demonstrate or establish that the healthcare providers at Bassett breached the applicable standard of care during the birth of the child. The Court specifically remarked that “[g]iven 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 Court found the evidence did not demonstrate any medical providers deviated from the standard of care and that the child’s injuries were not caused by the doctors.

The Court ordered the plaintiffs to pay the U. S. $44,000 in costs accrued while defending the case.

“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 handled the case on behalf of the U.S.