By Gina Tabonares
Variety News Staff

A NAVAL hospital patient who sued a Navy doctor is opposing the motion for summary judgment submitted by the U.S. Attorney’s Office, arguing that the filing is already late.
Steven A. Levin, through his lawyer William Gavras, replied to the latest motion filed by Assistant U.S. Attorney Mikel Schwab and told the District Court of Guam that the motion should not be considered because it was filed after the scheduling order’s deadline.
Schwab filed a partial opposition on April 20, in reaction to Levin’s motion for postponement of trial and opposed opening up the discovery period that will require the operation reports of Dr. Frank Bishop.
Bishop, an eye doctor who conducted surgery on the plaintiff, was sued by Levin in February 2005, two years after the eye operation at Guam Navy Hospital.
Bishop also sued the United States of America for battery and negligent medical malpractice, claiming that he developed postoperative corneal edema, a known complication of cataract surgery.
The patient, who was 54 years old during the surgery, is asking for $4.5 million in actual damages and exemplary damages.