United States District Court, N.D. New York
BELINDA RODRIGUEZ, individually and as Parent and Natural Guardian of M.R., an Infant; and JORGE RUCAL, individually and as Parent and Natural Guardian of M.R., an Infant, Plaintiffs,
GEORGE L. STANLEY, M.D.; KENROY SCOTT, M.D.; SYRACUSE COMMUNITY HEALTH CENTER, INC.; CHRISTIE WALKER, M.D.; ALI J. DOYLE, M.D.; CYNTHIA STRESING, N.P.; NICHOLAS BARANCO, M.D.; BRIAN W. THOMPSON, M.D.; MICHAEL MASTROLEO, RPA-C; JAMES MILLS, M.D.; and CROUSE HOSPITAL, Defendants.
OF ROBERT F. JULIAN, Attorneys for Plaintiffs
OF THE UNITED STATES ATTORNEY James Hanley U.S. Courthouse
& Federal, Attorneys for Defendants Stanley, Scott,
Thompson and Syracuse Community Health Center, Inc.
GALE & HUNT, LLC P.O., Attorneys for Defendants Walker,
Doyle, Baranco, and Crouse Hospital
SOVIK, KENDRICK & SUGNET, P.C., Attorneys for Defendants
Stresing, Mastroleo, and Mills
F. JULIAN, ESQ. STEPHANIE A. PALMER, ESQ.
WILLIAM F. LARKIN, AUSA MARY E. LANGAN, AUSA MICHAEL W.
ARTHUR, ESQ. JAMES D. LANTIER, ESQ.
MEMORANDUM-DECISION AND ORDER
SCULLIN, Senior Judge
about February 26, 2015, Plaintiffs filed a suit in New York
Supreme Court, County of Onondaga, alleging negligence and
medical malpractice in the treatment and care that Defendants
provided to Plaintiff Belinda Rodriguez during her pregnancy
and the birth of her child, which resulted in their suffering
October 1, 2015, pursuant to 42 U.S.C. § 233(a) and (c),
28 U.S.C. § 1441(a), and 28 U.S.C. § 2679(d)(2),
Defendants Syracuse Community Health Center, Inc., Stanley,
Scott and Thompson (hereinafter collectively "the
Federal Defendants") removed the state-court action to
this Court. See Dkt. No. 1. The United States
Attorney General certified that, at all times alleged in
Plaintiffs' complaint, Defendant Syracuse Community
Health Center ("SCHC") was a covered entity,
thereby satisfying the predicate for removal. See
Dkt. No. 9-2. Furthermore, the United States Attorney General
certified that Defendants Stanley, Scott and Thompson
(hereinafter collectively "the Federal Doctors")
were acting within the scope of their employment with
Defendant SCHC at all relevant times. Finally, the United
States Attorney General certified, pursuant to 42 U.S.C.
§ 233(g), that the Secretary of Health and Human
Services had deemed Defendant SCHC and the Federal Doctors
entities and employees of entities respectively, that were,
and still are, deemed eligible for Federal Tort Claims Act
their complaint, Plaintiffs alleged that Plaintiff Rodriguez
met with Defendant Dr. Stanley at Defendant SCHC for the
first time on April 19, 2012, at which time she learned that
she was pregnant. See Dkt. No. 6, Complaint, at 5.
During this initial visit, Plaintiff Rodriguez disclosed that
she had suffered two previous miscarriages. See Id.
According to Plaintiffs, current medical standards required
that doctors consider progesterone treatment for patients
with a history of miscarriage. See Id. at 6.
Plaintiffs also asserted that, despite this standard, during
the course of several visits to the Federal Doctors between
April 2012 and August 2012, none of them offered her
progesterone treatment, and they did not adequately follow up
with her. See Id. Ultimately, Plaintiff Rodriguez
delivered her child at 24 5/7 weeks of gestation, and the
child suffered significant injuries and neurologic deficits.
See Id. at 10.
October 14, 2015, the Federal Defendants filed the pending
motion to substitute the United States as a Defendant in
their places and to dismiss this action against the United
States without prejudice because Plaintiffs had failed to
submit an administrative claim to the appropriate federal
agency. See Dkt. No. 9-1.
Substitution of the United States as a Defendant in place ...