Justia Medical Malpractice Opinion Summaries

C.B., a 34-year-old man with developmental and psychiatric disabilities, died while residing at the Valley Ridge Center for Intensive Treatment, a secure state-run facility operated by the New York State Office for People with Developmental Disabilities. Although C.B. was admitted voluntarily, the facility imposed substantial restrictions on his liberty, including limits on leaving the premises and accessing medical care. In the days leading up to his death from cardiomyopathy, C.B. exhibited clear symptoms of heart failure and repeatedly asked staff for help, but his pleas were allegedly ignored or inadequately addressed by his caretakers.J.M., C.B.’s mother and administrator of his estate, brought suit in the United States District Court for the Northern District of New York, alleging violations of C.B.’s substantive due process rights under 42 U.S.C. § 1983, as well as state law claims for negligence and medical malpractice. The district court granted summary judgment for the defendants on the federal claim, holding that C.B., as a voluntarily admitted resident, had no constitutional right to adequate medical care, and declined to exercise supplemental jurisdiction over the state law claims. The court also denied J.M.’s motion to amend her complaint to add a new defendant, finding lack of diligence.On appeal, the United States Court of Appeals for the Second Circuit held that C.B. was entitled to substantive due process protections regardless of his voluntary admission status. The court clarified that when the state exercises sufficient control over a resident’s life such that the individual cannot care for himself, due process guarantees apply, consistent with Youngberg v. Romeo, Society for Good Will to Retarded Children, Inc. v. Cuomo, and DeShaney v. Winnebago County Department of Social Services. The Second Circuit vacated the district court's judgment and remanded for further proceedings. View "J.M. v. Sessions" on Justia Law

Plaintiff filed suit against the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. 2675(a), after surgery at a VA medical center rendered him quadriplegic. The district court found the VA liable for plaintiff's injuries and awarded him $4,468,859.91 in damages. Both parties appealed. The court vacated the district court's decision insofar as it offset the award for future medical care and supplies, holding that federal law does not require that a veteran injured as a result of the VA’s malpractice be forced to continue under VA care or lack of financial resources and be subject to a concomitant offset, and New York state law does not warrant such an offset. The court also held that the district court failed to provide adequate analysis to support both its denial of plaintiff’s motion to increase the ad damnum and its decision to set the award for past and future pain and suffering at $2 million, and the court remanded with directions that the district court consider anew plaintiff’s motion to increase the ad damnum, taking into account the testimony of plaintiff's treating physician, and determine damages without an offset for future receipt of medical care and supplies from the VA, consistent with this opinion. Finally, the court affirmed the district court’s decision not to further offset the award for future home health services on the ground that the provision of such services going forward is not reasonably certain. View "Malmberg v. United States" on Justia Law