Enciso v. Presbyterian Healthcare Servs.
| Decision Date | 29 July 2021 |
| Docket Number | Civ. No. 21-323 JCH/JFR |
| Parties | JAY ENCISO, Representative of JAIRO ENCISO (Deceased), Plaintiff, v. PRESBYTERIAN HEALTHCARE SERVICES; ROGER GILDERSLEEVE, M.D.; ANDREW EDWARDS, M.D.; GABRIEL PALLEY, M.D.; HERMAN GLEICHER, M.D.; ILSE PONCE-HERNANDEZ, R.N.; and DARLENE GONZALES, R.N., Defendants. |
| Court | U.S. District Court — District of New Mexico |
THIS MATTER is before the Court on the PHS Defendants' Motion to Dismiss and/or for a More Definite Statement of Plaintiff's State Law Claims, and for a Stay Until Plaintiff Complies with the Prerequisites of the New Mexico Medical Malpractice Act ("Motion to Dismiss"), filed April 16, 2021.2 Doc. 5. Plaintiff filed a Response in Opposition on April 29, 2021. Doc. 9. The PHS Defendants filed a Reply on May 13, 2021. Doc. 16. Having reviewed the parties' submissions and the relevant law, and for the reasons set forth herein, the Court finds that the PHS Defendants' Motion to Dismiss is well taken in part and recommends that it begranted as to Plaintiff's federal claims. The Court further recommends that Plaintiff's state law claims be remanded to Second Judicial District Court, State of New Mexico, County of Bernalillo.
On March 26, 2020, Plaintiff filed a Civil Complaint in Second Judicial District Court, State of New Mexico, County of Bernalillo, seeking an award "for the severe and constant medical neglect of Plaintiffs' [sic] father, Jairo Alberto Enciso, mental anguish, Discrimination, Personal Injury(s), and the awful quality of life." Doc. 1-1 at 2. On July 7, 2020, the PHS Defendants filed a Motion to Dismiss or for More Definite Statement. Id. at 1-2, ¶ 2. On March 23, 2021, the state district court granted the PHS Defendants' motion and granted Plaintiff leave to amend his complaint. Id. at 2, ¶ 3. On March 26, 2021, Plaintiff filed an Amended Complaint appearing to assert claims arising under federal and state law. Id. at ¶¶ 4-5. On April 9, 2021, the PHS Defendants removed this matter to this Court pursuant to 28 U.S.C. §§ 1441(a)3 and 1446 and D.N.M.LR-Civ. 81.1.
On March 28, 2017, Jairo Enciso and his wife Mary Enciso presented to Presbyterian Kaseman Hospital where they saw Roger Gildersleeve, M.D. Doc. 1-1 at 80-81, ¶ 1. The couple reported physical problems Jairo Enciso was experiencing "that had been ongoing and were progressing," including progressive malnourishment. Id. Plaintiff, Jairo Enciso's son, alleges that Dr. Gildersleeve attempted to dismiss Jairo Enciso's medical complaints based on his age,and that it was only after serious protest and argument from Mary Enciso that tests were ordered between March 28, 2017, and June 2017. Id. Plaintiff alleges that an unnamed specialist who performed one of the tests recommended to Dr. Gildersleeve that Jairo Enciso be hospitalized, but that Dr. Gildersleeve ignored the recommendation. Id. at 80-81, ¶ 1. Plaintiff alleges that Dr. Gildersleeve and Presbyterian Healthcare Services discriminated against Jairo Enciso based on his age when they failed to take his medical complaints seriously or heed the hospitalization recommendation.4 Id. Plaintiff further alleges that Dr. Gildersleeve and Presbyterian Healthcare Services were medically negligent by failing to properly diagnose Jairo Enciso's medical condition, which turned out to be amyotrophic lateral sclerosis ("ALS"), and sending Jairo Enciso home where he suffered choking, ongoing starvation, falling and hurting himself, the progressive inability to speak, and severe mental anguish. Id. Plaintiff contends that Dr. Gildersleeve's and Presbyterian Healthcare Services' age discrimination and medical neglect hastened his Jairo Enciso's death.
On or about June 16, 2017, Jairo Enciso and Mary Enciso presented to the Emergency Room at Presbyterian Kaseman Hospital where they saw Andrew Edwards, M.D. Doc. 1-1 at 81-82, ¶ 2. Plaintiff alleges that Mary Enciso insisted that Jairo Enciso had serious medical problems that should not be ignored based on Jairo Enciso's age. Id. Plaintiff alleges that Dr. Edwards discharged Jairo Enciso and sent him home without a diagnosis or medical attention. Id. Plaintiff alleges that Dr. Edwards and Presbyterian Healthcare Services discriminated against Jairo Enciso based on his age and were medically negligent by failing to properly diagnose his medical condition and sending him home without any medical attentionwhere he suffered more pain, injuries, constant hunger, and severe mental anguish. Id. Plaintiff contends that Dr. Edwards' and Presbyterian Healthcare Services' age discrimination and medical neglect hastened Jairo Enciso's death. Id.
On June 23, 2017, Jairo Enciso was admitted to Presbyterian Rust Hospital and was under the care of Gabriel Palley, M.D. Doc. 82-83, ¶ 3. During the hospital stay, Plaintiff alleges that a peripherally inserted central catheter ("PICC Line") and gastronomy tube ("G Tube") were placed to administer nutrition to Jairo Enciso. Id. Plaintiff alleges that the G Tube provoked gastroesophageal reflux disease ("GERD") and the PICC Line was later removed despite Plaintiff's request that it continue to be used. Id. Plaintiff alleges that the refusal by "several individuals" with Presbyterian Healthcare Services to reinsert the PICC Line for administering nutrition led to Jairo Enciso suffering more pain, an unnecessary awful quality of life, and severe mental anguish. Id.
On June 28, 2017, Jairo Enciso was transferred from Presbyterian Rust Hospital to Presbyterian Downtown Hospital where he was seen by two neurologists. Doc. 1-1 at 83, ¶ 4. Plaintiff alleges that one of the neurologists diagnosed Jairo Enciso with ALS, and the other neurologist determined that Jairo Enciso was not a good candidate for a new FDA approved medication called Radicava because Jairo Enciso's disease was too far advanced. Id. Plaintiff alleges that another medication called Riluzole would slow the progression of ALS. Id. Plaintiff contends that had Jairo Enciso been hospitalized earlier, as recommended, that he would have been diagnosed sooner, been treated with Riluzole much sooner, and would have been a candidate for Radicava thereby extending his life. Id.
During Jairo Enciso's stay at Presbyterian Downtown Hospital, he was under the care of Herman Gleicher, M.D. Doc. 1-1 at 83-84, ¶¶ 5-6. Plaintiff alleges that based on Dr. Gleicher's refusal to fill out forms to help Jairo Enciso get long overdue care for his condition, Plaintiff called the Presbyterian Healthcare Services Patient Advocacy line twice, and also spoke with a nurse supervisor, to report that Jairo Enciso was being neglected, discriminated against and suffering. Id. Plaintiff alleges that no "rectification" came from his calls and that his reports were altered and disregarded. Id. Plaintiff contends that the fraudulent activity and discrimination against Jairo Enciso based on his age and disability, and against Plaintiff's character, caused extreme mental anguish. Id.
On or about July 6, 2017, Jairo Enciso was discharged from Presbyterian Downtown Hospital. Doc. 1-1 at 84-85, ¶ 7. Plaintiff alleges that Dr. Gleicher sent Jairo Enciso home without any medication to treat his ALS, without discharge instructions for how to operate Jairo Enciso's feeding pump, and without any equipment for providing water. Id. Plaintiff alleges that the nurse who was scheduled to show up and provide aftercare instructions failed to do so. Id. Plaintiff contends that Dr. Gleicher discriminated against Jairo Enciso based on his age and disability which caused severe mental anguish.
On or about July 7, 2017, Jairo Enciso began seeing Heather M. Greene, M.D., for his primary care. Doc. 1-1 at 85-86, ¶ 8. Jairo Enciso saw Dr. Greene for primary care until the time of his death on November 4, 2017. Id. Plaintiff alleges that at Jairo Enciso's initial visit with Dr. Greene, she refused to prescribe any medication to Jairo Enciso for his ALS, forcing him to wait until July 11, 2017, to get his medication as a neurology outpatient. Id. Plaintiffcontends that Presbyterian Healthcare Services had knowledge of but failed to provide treatment to Jairo Enciso for his ALS until July 11, 2017, causing his disease to progress more rapidly and causing severe mental anguish. Id.
Plaintiff also alleges that during the course of Jairo Enciso's care and treatment with Dr. Greene, Dr. Greene's office ignored Jairo Enciso's medical needs by delaying prescriptions for medical equipment and food supplements ordered by an expert dietician for treating severe malnourishment. Doc. 1-1 at 86, ¶ 9. Plaintiff alleges that Ilse Ponce-Hernandez, R.N., delayed a prescription for medical equipment to administer water and performed acts of deceit regarding the timing of the prescription. Id. Plaintiff contends that Dr. Greene and RN Ponce-Hernandez discriminated against Jairo Enciso based on his disability and the incurability of his disease and that their discrimination caused more mental anguish.
On or about July 7, 2017, Presbyterian Healthcare Services assigned Home Healthcare nurse Darlene Gonzales, R.N., to provide care to Jairo Enciso at his home. Doc. 1-1 at 86, ¶ 10. Plaintiff alleges that RN Gonzales failed to show up for appointments without notice or explanation and falsely reported an inability to get in contact with the family. Id. Plaintiff contends that RN Gonzales discriminated against Jairo Enciso based on his disability and the incurability of his disease and caused anguishing mental pain. Id.
Plaintiff claims that...
To continue reading
Request your trial