La Russo v. St. George's Univ. Sch. of Med.

• Decision Date: 28 March 2013
• Docket Number: No. 12–cv–03093 (ER).,12–cv–03093 (ER).
• Citation: 936 F.Supp.2d 288
• Parties: Dr. Maria LA RUSSO, an attorney in fact for A. Matthew De Lucia, Plaintiff, v. ST. GEORGE'S UNIVERSITY SCHOOL OF MEDICINE, and John Does 1–5 and Jane Does 1–5 (as employees, agents, and/or servants of St. George's and/or as independent contractors), Defendants.
• Court: U.S. District Court — Southern District of New York

936 F.Supp.2d 288

Dr. Maria LA RUSSO, an attorney in fact for A. Matthew De Lucia, Plaintiff,

v.ST. GEORGE'S UNIVERSITY SCHOOL OF MEDICINE, and John Does 1–5 and Jane Does 1–5 (as employees, agents, and/or servants of St. George's and/or as independent contractors), Defendants.

No. 12–cv–03093 (ER).

United States District Court, S.D. New York.

March 28, 2013.

Karen Louise Dippold, Myron Beldock, Beldock Levine & Hoffman LLP, New York, NY, for Plaintiff.

Gerald William Sawczyn, Hank Louis Goldsmith, Proskauer Rose LLP, New York, NY, for Defendants.

OPINION AND ORDER

RAMOS, District Judge.

Plaintiff Dr. Maria La Russo (“Plaintiff” or “Dr. La Russo”), as attorney-in-fact for A. Matthew De Lucia (“De Lucia”), brings this action against St. George's University School of Medicine (“Defendant” or “St. George's” or “School of Medicine”), alleging medical malpractice, breach of contract, and negligence. The action was removed from state court by St. George's University, Ltd. (“SGU Ltd.”), as “the entity that owns and operates the non juridicial named defendant in the caption, ‘St. George's University School of Medicine.’ ” Doc. 1.

Before the Court are Plaintiff's motion to amend the complaint to join certain defendants and remand, Doc. 7, and SGU, Ltd.'s motion to dismiss, Doc. 10. For the reasons discussed below, SGU, Ltd.'s motion to dismiss is GRANTED. Because SGU Ltd.'s motion to dismiss is granted, the Court does not consider Plaintiff's motion to amend and remand, which is DENIED as moot.

I. Factual Background

Plaintiff is the attorney-in-fact for her son, De Lucia. Compl. ¶ 24. In August 2007, at the age of twenty-one, De Lucia began attending St. George's, located in the island of Grenada. Id. ¶¶ 2, 25. Prior to attending St. George's, De Lucia attended an “Information Session” hosted by the school in New York City. Id. ¶ 57. At that session, admissions staff assured the attendees that there would be medical facilities and treatment available for students at the Grenada campus. Id. De Lucia was also provided a publication entitled “St. George's University School of Medicine; Think Beyond; 2005–2006.” Id. ¶ 58. Under the heading “University Health Services,” it states:

University Health Services (UHS) maintains modern clinic facilities with scheduled and walk-in hours from 9:00 am to 4:30 pm, Monday through Friday. Additionally, there is daily 24–hour coverage by well-credentialed physicians and physician assistants to provide students with emergency care when the clinic is closed. Medical emergencies in Grenada are referred to Grenada General Hospital or St. Augustine Clinic.... University Health Services facilitates with air evacuation, if indicated, on both campuses.

Id. ¶ 58.

In January 2007, De Lucia received a letter from St. George's, offering him admission for the 2007/2008 school year. Id. ¶ 59. Enclosed with the letter was a “Student Support Services” handbook from the Office of the Dean of Students, which stated: “The Office of the Dean of Students advocates on behalf of students to help you make the best use of the services available both on and off campus. Any student with mental or physical disabilities is provided a wide range of support services.” Id. The handbook also stated, under the heading “University Health Services”:

St. George's University Health Services (UHS) provides the University community with an outpatient clinic and easy-access healthcare.... In addition to the regular clinic hours ... UHS provides emergency medical services 24 hours a day, 7 days a week. An excellent, dedicated team of physicians, clinical tutors and physical extenders with varied backgrounds maintains this service. Medical emergencies in Grenada are referred to Grenada General Hospital or St. Augustine Clinic.... UHS facilitates air evacuation if necessary on both campuses.

Id. ¶ 60.

De Lucia began attending St. George's in the fall of 2007. Id. ¶ 63. In the spring of 2009, De Lucia met with his faculty advisor at St. George's, Dr. Jacqueline Stanley, to discuss concerns with stress and academic issues. Id. ¶ 26. De Lucia arrived at that meeting wearing sweatpants (despite Grenada's hot climate) and looking disheveled. Id. De Lucia indicated during the meeting that he wanted to see the dean regarding his concerns about academic issues. Id. Dr. Stanley told De Lucia that he could not go see the dean dressed as he was, and counseled him to go to the beach and take a vacation. Id. Though De Lucia appeared disheveled, anxious and stressed, Dr. Stanley did not advise him to visit the counseling department, speak with the dean of students, or see any medical or mental health professional. Id.

De Lucia took Dr. Stanley's advice and went on a sailing trip in May 2009. Id. ¶ 27. When he returned to St. George's from the trip, De Lucia was seriously ill; he had entered a state of “psychological crisis,” and was disoriented, sickly, and had been aimlessly wandering on and off the St. George's campus. Id. ¶ 28. Fellow students at St. George's alerted school officials to De Lucia's condition and, in response, St. George's school security officers picked him up in the middle of the night and escorted him off the campus to Mount Gay Hospital (“Mount Gay”), also located in Grenada. Id. ¶¶ 29–30. Due to his condition, De Lucia was unable to consent to any form of treatment and was therefore involuntarily admitted to Mount Gay. Id. ¶ 31.

Although St. George's had on file the contact information of Plaintiff and her husband, Dr. De Lucia, no representative of the school contacted De Lucia's parents to seek their consent regarding his admission to Mount Gay or to inform them of De Lucia's medical status. Id. ¶ 32. A fellow student at the school contacted De Lucia's parents and informed them of his transfer to Mount Gay. Id. ¶ 33. The student stated that Mount Gay was commonly known for its deplorable conditions and reputation among the medical student population, especially in regard to outdated medical intervention and treatment. Id. After unsuccessfully attempting to reach school personnel over the telephone, Dr. De Lucia made plans to travel to Grenada. Id. ¶ 34.

Dr. De Lucia arrived in Grenada and visited Mount Gay on or about May 14, 2009. Id. ¶ 35. Upon his arrival at the hospital, he found his son in an outdoor cell lying on a concrete floor without a mattress, naked except for boxer shorts. Id. ¶ 36. De Lucia was incoherent due to overdosing on Haldol and other drugs, and was experiencing muscle weakness, muscle tremors, dilated eyes, drowsiness, and dry mouth and lips due to his overmedication and lack of adequate hydration. Id. ¶¶ 37–38. De Lucia's body was covered in insect bites and a noxious odor of urine and feces permeated his person. Id. ¶ 39. Dr. De Lucia did not observe any identifiable medical professionals or supervisory staff on duty at the hospital. Id. ¶ 40.

Dr. De Lucia informed Plaintiff of the situation, and Plaintiff thereafter made arrangements to travel to Grenada. Id. ¶ 41. After Plaintiff's arrival in Grenada, she and Dr. De Lucia returned to Mount Gay to attempt to have their son released. Id. ¶ 42. On that visit, they observed that De Lucia appeared frightened and agitated when touched. Id. ¶ 43. They also observed other patients wandering in and around aimlessly without supervision, posing risk to De Lucia. Id. ¶ 44. Dr. De Lucia was able to secure De Lucia's release from the hospital on May 16, 2009, and returned with him to the United States the following day. Id. ¶ 46.

After a period of time during which De Lucia sought treatment in an effort to recover, he decided that he wanted to complete medical school, and returned to St. George's in the fall of 2009. Id. ¶ 47. He was able to complete one semester of coursework, but became ill in January 2010. Id. At that time, De Lucia visited the counseling office at the school, and they sent him to St. Augustine's Hospital, where he was admitted. Id. Plaintiff and Dr. De Lucia flew to Grenada and returned to the United States with De Lucia. Id. Still wanting to earn his medical degree, De Lucia sought treatment in an effort to recover, and again returned to St. George's in the fall of 2010. Id. ¶ 48. Before classes began, however, De Lucia's mental condition deteriorated, requiring him to return to the United Sates without earning his medical degree. Id.

II. Procedural Background

On November 15, 2011, Plaintiff filed a Summons with Notice in the Supreme Court of the State of New York, Westchester County, which named “St. George's University School of Medicine” as the sole defendant. Declaration of Myron Beldock (“Beldock Decl.”) Ex. A. That same day, the summons was amended to add the “Doe” Defendants 1 through 5. Beldock Decl. Ex. B. On February 24, 2012, Plaintiff served Defendant pursuant to N.Y. Bus. Corp. Law § 307 by serving a copy of the Summons with Notice on the New York Secretary of State and mailing a copy of same by certified mail to Grenada. Beldock Decl. Ex. G (Beldock Aff.) ¶ 9. That same day, Plaintiff also served the Summons with Notice on St. George's University, LLC (“SGU LLC”) by personal service on its registered agent in Delaware, and on University Support Services, LLC (“USS LLC”) by service on the New York Secretary of State and by personal service on its registered agent in Delaware. Id.

On March 7, 2012, Plaintiff moved by Order to Show Cause (“OTSC”) seeking permission to file a supplemental summons adding SGU Ltd., SGU LLC, USS LLC, and Dr. Stanley as defendants, and seeking a ruling that the claims against the proposed additional defendants related back to the time the initial summons was filed. Beldock Decl. Ex. G. The OTSC was issued by the Honorable Joan B. Lefkowitz on March 12, 2012, returnable on April 20, 2012. Beldock Decl. Ex. I. Without making an appearance in the state case, SGU Ltd. demanded a complaint setting forth the bases for Plaintiff's claim, which was filed on April 5, 2012. Beldock...