Case Explained: IRMA HERRERA v. UNITED STATES OF AMERICA

Court: United States Court of Appeals for the Seventh Circuit Filed: 2026-08-14 The Seventh Circuit affirmed the district court’s dismissal of Irma Herrera’s medical malpractice claim for failure to exhaust administrative remedies under 28 U.S.C. § 2401(b). The court held that the saving provision of the Westfall Act, 28 U.S.C. § 2679(d)(5), does not apply to cases involving federally funded health clinics removed to federal court under 42 U.S.C. § 233(c). Relying on its recent precedent in *Evans v. United States*, 132 F.4th 473 (7th Cir. 2025), the panel declined to overrule that decision, citing the doctrine of stare decisis and finding no compelling reason to depart from established circuit law. The court clarified that for plaintiffs suing at clinics deemed employees of the Public Health Service, the exclusive remedy lies against the United States under the Federal Tort Claims Act, and failure to exhaust administrative remedies prior to removal cannot be cured by the Westfall Act’s saving provision in this specific statutory context. Consequently, Herrera’s suit was dismissed, leaving her without a judicial remedy for her alleged injuries. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.