Amézquita v. Rivera-Cruz

• Decision Date: 22 July 2020
• Docket Number: CIVIL NO. 17-2197 (GAG)
• Parties: Yemal CALDERÓN AMÉZQUITA, Plaintiff, v. Victor RIVERA-CRUZ, et al., Defendants.
• Court: U.S. District Court — District of Puerto Rico

483 F.Supp.3d 89

Yemal CALDERÓN AMÉZQUITA, Plaintiff,

v.Victor RIVERA-CRUZ, et al., Defendants.

CIVIL NO. 17-2197 (GAG)

United States District Court, D. Puerto Rico.

Signed July 22, 2020

Paul Rodriguez-Velez, PRV Law Office, Guaynabo, PR, Glenda Labadie, San Juan, PR, for Plaintiff.

Nicolle Joan Camilo-Morales, Dieppa Gonzalez Law Offices, PSC, Ramonita Dieppa-Gonzalez, San Juan, PR, for Defendants Victor Rivera Cruz, Puerto Rico Medical Defense Insurance Co. as insurer of Dr. Rivera Cruz.

Roberto E. Ruiz-Comas, RC Law and Litigation Services PSC, San Juan, PR, for Defendant Doctors’ Center Hospital Bayamon, Inc.

Benito I. Rodriguez-Masso, Benito I. Rodriguez Masso Law Office, San Juan, PR, for Defendant Andres Avila Gonzalez.

Johanna M. Smith-Miro, Jorge J. Lopez-Lopez, Lopez & Nevares LLP, Yolimar Colon-Colon, David Efron Law Offices, San Juan, PR, for Defendant Angel Torres Sanchez.

Elena Barquet-Hornback, Quinones-Tridas Law Office PSC, Maria T. Bustelo-Garcia, Puerto Rico Medical Defense Insurance Company, Roselli Ciena-Malave, San Juan, PR, for Defendant Grupo de Emergencias VRC CSP.

Eugene F. Hestres-Velez, Bird, Bird & Hestres, Old San Juan, PR, for Defendant Carlos Hernandez Roman.

Benito I. Rodriguez-Masso, Benito I. Rodriguez Masso Law Office, Sigrid Lopez-Gonzalez, Sigrid Lopez Gonzalez Law Offices, San Juan, PR, for Defendant Simed.

Elena Barquet-Hornback, Quinones-Tridas Law Office PSC, Johanna M. Smith-Miro, Roselli Ciena-Malave, Jorge J. Lopez-Lopez, Lopez & Nevares LLP, Jose A. Gonzalez-Villamil, Gonzalez Villamil Law Office, Maria T. Bustelo-Garcia, Puerto Rico Medical Defense Insurance Company, San Juan, PR, Eugene F. Hestres-Velez, Bird, Bird & Hestres, Old San Juan, PR, for Defendant Puerto Rico Medical Defense Insurance Company.

Igor Dominguez-Perez, Igor J. Dominguez Law Office, San Juan, PR, for Defendant Ana Suarez Nieves.

OPINION AND ORDER

GUSTAVO A. GELPI, United States District Judge

Yemal Calderón-Amezquita ("Plaintiff") brings this action against Defendants for injuries and damages suffered as a result of Mr. Carmelo Calderón-Marrero's wrongful death. Plaintiff, the decedent's son and sole heir, sues under the Court's diversity jurisdiction pursuant to 28 U.S.C. § 1332, seeking to hold Defendants liable for his father's alleged injuries and wrongful death pursuant to Article 1802 and 1803 of the Civil Code of Puerto Rico, P.R. LAWS ANN . tit. 31, §§ 5141 - 5142. (Docket Nos. 1, 5, 68).

Before the Court are Defendants Dr. Andrés Ávila-González and Dr. Ángel Torres-Sánchez's Motions to Dismiss (Docket Nos. 502 and 505); Defendants Dr. Victor Rivera-Cruz, Grupo de Emergencias VRC, CSP ("GEVRC") and Dr. Carlos Hernández-Román's Motions for Partial Summary Judgment. (Docket Nos. 503; 506; 511). Each co-defendant also includes their respective insurance companies: (1) Puerto Rico Medical Defense Insurance Company (PRMDIC) as to Defendants Torres-Sánchez, GEVRC, Dr. Hernández-Román and (2) Sindicato de Aseguradores para la Suscripción Conjunta de Seguros de Responsabilidad Profesional Médico/Hospitalaria (SIMED) as to Ávila-González. (Docket Nos. 502, 505, 506, 511).

All of the pending dispositive motions -filed after the conclusion of discovery- contend, among other arguments, that Plaintiff's claims are time-barred. Namely, Defendants posit two theories: (1) that the original complaint was filed after the one-year statute of limitations had elapsed, or (2) that Plaintiff's extrajudicial actions were insufficient and, therefore, failed to interrupt the statute of limitations. Id. The Court first addresses the timelines arguments as to each Defendant.

Also before the Court is Plaintiff's Motion for Partial Summary Judgment against Defendant Doctors’ Center Hospital (hereinafter, "Doctors’ Hospital") (Docket No. 509) arguing that the hospital has already admitted, in a parallel Commonwealth proceeding, that the doctors and hospital personnel's negligent acts and omissions caused Calderón-Marrero's death. Alternatively, Plaintiff posits that according to the record evidence it is an uncontested material fact claim that Doctors’ Hospital incurred in medical malpractice that lead to the alleged wrongful death of his father. Thus, he moves the Court to enter partial summary judgment as to that element. Id.

After careful review of the parties’ submissions and pertinent law, the Court GRANTS Defendants Dr. Andrés Ávila-González and Dr. Ángel Torres-Sánchez's Motions to Dismiss at Docket Nos. 502 and 505, GRANTS Defendants Grupo de Emergencias VRC, CSP ("GEVRC") and Dr. Carlos Hernández-Román's Motions for Partial Summary Judgment at Docket Nos. 506 and 511, DENIES Defendants Dr. Victor Rivera-Cruz's Motion for Partial Summary Judgment at Docket No. 503 and DENIES Plaintiff Calderón-Amézquita's Motion for Partial Summary Judgment against Defendant Doctors’ Hospital at Docket No. 509.

I. Relevant Factual and Procedural Background¹

On January 23, 2016, at around 10:00 p.m., Mr. Calderón-Marrero was transferred from Toa Alta Diagnostic and Treatment Center to Doctors’ Hospital Emergency Room after complaining about abdominal pain. (Docket Nos. 502 ¶ 2; 503 at 2; 505 ¶ 2; 507 ¶ 3; 512 ¶ 7). On January 24, 2016, he was admitted as a patient at the hospital. (Docket No. 507 ¶ 4).

On January 25, 2016, Plaintiff travelled to Puerto Rico to visit his father at Doctors’ Hospital. (Docket Nos. 502 ¶ 9; 503 at 2; 505 ¶ 18; 507 ¶¶ 9, 12-13; 512 ¶ 34). On that same day, but before Plaintiff arrived, Calderón-Marrero underwent surgery and was placed in the Intensive Care Unit (ICU). (Docket Nos. 503 at 3; 512 ¶ 40). During this visit to the hospital, Calderón-Amézquita met and spoke with several doctors and hospital medical staff regarding his father's condition and treatment. (Docket Nos. 505 ¶¶ 18-20, 23-24; 507 ¶¶ 14, 17; 512 ¶¶ 41-43). He learned from these conversations that Mr. Calderón-Marrero had suffered "peritonitis

due to a perforated ulcer." (Docket Nos. 503 at 3; 507 ¶ 17; 512 ¶ 46).

After spending several weeks in the ICU, on February 21, 2016, Mr. Calderón-Marrero died. (Docket Nos. 503 at 4; 505 ¶ 27; 507 ¶ 5; 512 ¶ 52). Plaintiff returned to Puerto Rico around February 22 and 23, 2016, and visited Doctors’ Hospital where he again met and talked with doctors and medical staff and requested Calderón-Marrero's official medical records. (Docket Nos. 503 at 4; 505 ¶ 28; 512 ¶ 55, 57). Plaintiff received his father's official medical record between February and March 2016. (Docket No. 505 ¶ 29; 512 ¶ 57).

A. Plaintiff's Claims

a. Original Complaint

On September 13, 2017, Plaintiff filed the instant suit (Docket No. 1). On September 15, 2017, Plaintiff amended his initial Complaint after the Clerk's Office sent a defective filing notice (Docket No. 2; 5). Plaintiff's amended complaint included as Defendants: (1) Dr. Rivera-Cruz; (2) Dr. Ávila-González; (3) Dr. Torres-Sánchez and (4) Doctors’ Hospital, among others.²

Plaintiff Calderón-Amézquita, the decedent's son, is a licensed physician specialized in emergency medicine. He worked, at the time of the events, at Palmetto General Hospital in Hialeah, Florida. (Docket Nos. 502 ¶ 8; 503 ¶ 3; 507 ¶ 9; 512 ¶ 3).

Defendant Dr. Ávila-González is a licensed physician with medical privileges to work at Doctors’ Hospital Emergency Room. (Docket Nos. 502; 515-2 at 25-26). Defendant Dr. Ángel Torres-Sánchez is licensed physician with medical privileges to work at Doctors’ Hospital Emergency Room. (Docket No. 505 ¶ 8). Both Dr. Ávila-González and Dr. Torres-Sánchez were on duty at the time of the events and treated the decedent as their patient. (Docket No. 505 ¶ 9; Docket No. 515). Defendant Dr. Rivera-Cruz is licensed physician and was, at the time of the events, the Medical Director of Doctors’ Hospital Emergency Room. (Docket No. 503 at 4).

b. Second Amended Complaint

On April 30, 2018, Plaintiff amended his complaint for a second time (Docket No. 68) adding, among others, co-defendants: (1) Dr. Hernández-Román and GEVRC.³

Defendant GEVRC is a corporation that, at the time of the events, had exclusive rights to oversee the administration and operation of Doctors’ Hospital Emergency Room. (Docket No. 507 ¶ 6). Defendant Dr. Rivera-Cruz is the sole owner and president of GEVRC. (Docket No. 503 at 4). Finally, Defendant Dr. Hernández-Román was, at the time of the events, under professional services contract with GEVRC working as an emergency room physician at Doctors’ Hospital (Docket No. 512 ¶ 19). On January 24, 2016, Dr. Hernández-Román took over for Dr. Ávila-González when his work shift ended at the emergency room. Id. ¶ 26.

In the Amended Complaint, Plaintiff specifically puts forward four causes of actions all under Article 1802 and/or 1803 of the Civil Code of Puerto Rico: (1) medical malpractice pursuant to Article 1802 and 1803; (2) hospital and commercial liability pursuant to Article 1802; (3) negligence in the "performance of supervisory" duties pursuant to Article 1802 and 1803, and (4) "director liability" pursuant to Article 1802. (Docket No. 68 ¶¶ 196-241).

The Court notes that in his Motion for Leave to File a second amended complaint, (Docket No. 67), Plaintiff requested "leave to substitute fictitious parties, add parties and amend the Complaint" and that said request arouse out of "evidence unavailable and unknown when the case commenced." (Docket No. 67 ¶¶ 2-3). Plaintiff attached to this amended complaint two exhibits (Abdominal CT and X-Ray Report). (Docket Nos. 68-1; 68-2). None of these exhibits make reference to Defendants GEVRC or Dr. Hernández-Román.

B. Plaintiff's Extrajudicial Actions

Plaintiff alleged in the initial complaint that on February 18, 2017 he sent "extrajudicial claims to all co-defendants in connection with the damages claimed in this suit." (Docket Nos. 1 ¶ 134; 5 ¶ 134; 68 ¶ 193). He further argues that "[a]lthough many co-defendants replied to the extrajudicial communication, a settlement offer has yet to be received." (Docket Nos. 1...