SAN DIEGO – A San Diego man alleges a government-run hospital misdiagnosed him.

Raphael Ricks filed a complaint on May 17 in the U.S. District Court for the Southern District of California against the United States of America's agency, the Department of Veterans Affairs, alleging negligence under the Federal Tort Claims Act.

According to the complaint, the plaintiff alleges that in 2010, the U.S. VA San Diego Health Care System gave him a misdiagnosis of AIDS instead of HIV-positive.

The plaintiff holds the United States of America responsible because the defendant's employees allegedly failed to release medical records that are accurate.

The plaintiff requests a trial by jury and seeks damages, prejudgment and post-judgment interest, cost of suit and such other relief that the court deems just and proper. He is represented by Barry Pasternack and Adrian Terrado of the Law Office of Barry Pasternack in San Diego.

U.S. District Court for the Southern District of California case number 3:17-cv-1016

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U.S. District Court for the Southern District of California San Diego Division
221 West Broadway
San Diego, CA 92101

Law Office of Barry Pasternack
1230 Columbia Street
San Diego, CA 92101

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