Articles Posted in US Court of Appeals for the First Circuit

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The First Circuit affirmed the district court’s judgment in favor of Defendant after this Court remanded the case, holding that any error in the district court’s evidentiary rulings was harmless and that the district court did not commit prejudicial error when it found that Plaintiffs waived their negligence claim. Plaintiffs Barbara and Michael Bradley filed a second amended complaint alleging medical negligence, battery, and the failure to obtain informed consent. The district court granted summary judgment on the battery claim. After a trial, the jury returned a verdict in Defendant’s favor. The First Circuit vacated the judgment and remanded for a new trial on account of an error in excluding the testimony of Plaintiffs’ proffered expert witness. After a second trial, the jury again returned a verdict in favor of Defendant. The First Circuit affirmed, holding (1) assuming, without deciding, that the district court erred in admitting an entry from Barbara’s diary and in admitting an excerpt from Barbara’s medical records from a different hospital, these errors were harmless; and (2) the district court did not commit prejudicial error in finding Plaintiffs to have waived their medical negligence claim. View "Bradley v. Sugarbaker" on Justia Law

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The First Circuit affirmed the district court’s judgment in favor of Defendant after this Court remanded the case, holding that any error in the district court’s evidentiary rulings was harmless and that the district court did not commit prejudicial error when it found that Plaintiffs waived their negligence claim. Plaintiffs Barbara and Michael Bradley filed a second amended complaint alleging medical negligence, battery, and the failure to obtain informed consent. The district court granted summary judgment on the battery claim. After a trial, the jury returned a verdict in Defendant’s favor. The First Circuit vacated the judgment and remanded for a new trial on account of an error in excluding the testimony of Plaintiffs’ proffered expert witness. After a second trial, the jury again returned a verdict in favor of Defendant. The First Circuit affirmed, holding (1) assuming, without deciding, that the district court erred in admitting an entry from Barbara’s diary and in admitting an excerpt from Barbara’s medical records from a different hospital, these errors were harmless; and (2) the district court did not commit prejudicial error in finding Plaintiffs to have waived their medical negligence claim. View "Bradley v. Sugarbaker" on Justia Law

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Appellants’ action brought under the Federal Tort Claims Act (FTCA), 28 U.S.C. 1346(b), 2671-2680, seeking compensatory damages for the allegedly negligent act of a federal employee was time-barred under the FTCA’s statute of limitations. On April 22, 2013, Appellants filed a medical malpractice complaint pursuant to the FTCA against the United States Department of Health and Human Services (USDHHS). The district court granted summary judgment for USDHHS, concluding that the complaint was time-barred for failing to file compulsory administrative claims within the FTCA’s two-year statute of limitations. On appeal, Appellants argued that their claim was timely under the “discovery rule.” The First Circuit affirmed, holding that, at least by March 8, 2010, Appellants knew of sufficient facts for their cause of action to accrue, and therefore, Appellants’ action was time-barred. View "Morales-Melecio v. United States" on Justia Law

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The First Circuit vacated in part the district court’s grant of summary judgment in favor of Defendants in this lawsuit alleging violations of the Emergency Medical Treatment and Active Labor Act (EMTALA) and claiming medical malpractice. Plaintiffs sued Hospital Pavia Hato Rey, APS Healthcare of Puerto Rico (APS), and two doctors. In granting summary judgment, the district court held that the action could not in “equity and good conscience” proceed without two necessary parties but that the parties could not be feasibly joined under Fed. R. Civ. P. 19. The judge found that complete diversity of citizenship of each plaintiff from each defendant was not met on the federal-EMTALA claim, and because no diversity jurisdiction existed, the court declined to exercise supplemental jurisdiction over the local-law claims. The First Circuit vacated the summary judgment for Hospital Pavia on the EMTALA claim and dismissed the local law claims, holding (1) the trial judge Fed. R. Civ. P. 19 analysis could not be sustained; and (2) this Court’s vacating part of the judge’s summary judgment ruling on the federal EMTALA claim undercut the analysis behind his supplemental jurisdiction decision. View "Delgado-Caraballo v. Hospital Pavia Hato Rey, Inc." on Justia Law

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Plaintiffs filed this diversity action against Fundacion Damas, Inc. and Banco Popular de Puerto Rico alleging (1) Fundacion was the owner and operator of Hospital Damas, (2) Fundacion committed medical malpractice under Articles 1892 and 1803 of the Puerto Rico Civil Code, and (3) Fundacion and Banco Popular committed negligence by mismanaging funds of a trust. The district court granted Banco Popular’s motion to dismiss count three and Fundacion’s motion for summary judgment on counts one and three. The First Circuit affirmed, holding that Plaintiffs failed to present the court with a developed argument that was convincing enough to disturb the judgment of the district court. View "Vargas-Colon v. Fundacion Damas, Inc." on Justia Law