Saofaigaalii v. United States

• Decision Date: 23 June 2016
• Docket Number: CIVIL NO. 14-00455 SOM/KSC
• Citation: Saofaigaalii v. United States, CIVIL NO. 14-00455 SOM/KSC (D. Haw. Jun 23, 2016)
• Parties: TOATUGA M. SAOFAIGAALII, Plaintiff, v. UNITED STATES, Defendant.
• Court: U.S. District Court — District of Hawaii

TOATUGA M. SAOFAIGAALII, Plaintiff, v. UNITED STATES, Defendant.

CIVIL NO. 14-00455 SOM/KSC

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII

June 23, 2016

ORDER DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

I.INTRODUCTION.

Before the court is Defendant United States' Motion for Summary Judgment on PlaintiffToatuga Saofaigaalii's claim asserting medical negligence under the Federal Tort Claims Act ("FTCA").The United States argues that Saofaigaalii's claim is barred by the FTCA's two-year statute of limitations.The United States also contends that it is entitled to summary judgment because Saofaigaalii has not identified any medical expert opinion regarding the relevant standard of care or causation relevant to his medical negligence claim, as required by Hawaii law.

Although Saofaigaalii, who is proceeding prose from his home in American Samoa, filed no opposition to the United States' motion, this court denies the motion on the ground that the United States has not met its burden as the movant of showing entitlement to summary judgment.

II.BACKGROUND.

Saofaigaalii is a fifteen-year veteran of the United States Army who served during the Vietnam era.SeeECF No. 1-19, PageID # 40.He lives in American Samoa but travels to Hawaii periodically to receive medical treatment at Tripler Army Medical Center, a hospital run by the Department of the Army.SeeECF No. 1-1, PageID # 7.

On March 12, 2007, Saofaigaalii sought medical treatment at Tripler to remove a kidney stone.SeeECF No. 43, PageID # 195.After a first surgery proved unsuccessful, the doctors allegedly recommended a second surgery.Seeid.According to a reviewing physician at Tripler, complications arose as the treating physicians tried to administer spinal anesthesia, and spinal anesthesia ended up being attempted six or seven times.SeeECFNo. 43-4, PageID # 245.

After the second surgery, Saofaigaalii, although allegedly in "excruciating" pain, was discharged by Tripler.Seeid.;see alsoECF No. 1-16, PageID #s 33-34.When the pain did not subside, he went to Tripler's emergency room, but was allegedly only given pain medication and told that the surgery had been a success.SeeECF No. 1-18, PageID # 38;see alsoECF No. 1-16, PageID #s 33-34.Saofaigaalii then returned to hishome in American Samoa.SeeECF No. 1-16, PageID # 34.

Still in pain, Saofaigaalii came back to Oahu and was readmitted to the Tripler emergency room on May 4, 2007.SeeECF No. 43, PageID # 197.On May 12, 2007, Saofaigaalii met with a Tripler physician, who explained that Saofaigaalii had a spinal infection likely caused by the Tripler urological procedures or the "introduction of skin flora with the spinal anesthesia attempts."SeeECFNo. 43-4, PageID # 246.The physician's attending note states:

Had long counselling [sic] session with patient and his son today about the likely etiology of the infection in his back, his current treatment, and what the future will hold for his treatment.He demonstrates excellent insite [sic] into the process and understands where we think he is currently.All of their questions were answered to their satisfaction.

Seeid., PageID #s 197-98.

Saofaigaalii met with a Veteran Affairs counselor on September 26, 2007, who provided him with a "21-4138" form for disability compensation benefits pursuant to 38 U.S.C. § 1151.SeeECF No. 1-15, PageID # 32.Saofaigaalii filed his claim for disability compensation benefits that same day.Seeid.As part of his claim, Saofaigaalii submitted letters by family members alleging that his treating physicians had been negligent.SeeECF No. 1-17, PageID # 37 ("My father has suffered enough and the doctors should be disciplined for their negligence to hiscase.");ECF No. 1-16, PageID # 35 ("The whole point of my statement is that justice must be carried out and these doctors should be questioned for their negligence [sic] acts because if they had taken precautions then I think nothing would happen at all.");id., PageID # 34 ("After the surgery, [Saofaigaalii] was released right away instead of being admitted to a recovery ward to see how he was reacting to the procedure they did.I think that this was an act of negligence because it seems that the life of patients were not the priority at this time; the surgeons just wanted to get over it and authorized that he was well enough to go back to the hotel.").

On March 21, 2008, the VA denied Saofaigaalii's claim for disability compensation benefits.SeeECF No. 1-19, PageID # 40.The decision stated:

Although Tripler treatment records noted complications resulted from spinal anesthesia for a urological procedure, VA care or lack thereof did not cause your chronic headaches, numbness and pain to both lower extremities, lower back pain, and bacterial infection to the vertebra as a result of spinal anesthesia for kidney stone surgery.

For your information, claims under 38 U.S.C.[§] 1151 apply only to facilities over which the Secretary of the Veterans Affairs has direct jurisdiction.Tripler Army Medical Center is not considered to be a VA facility for purposes of 38 U.S.C.[§] 1151.

ECF No. 1-20, PageID # 41.The VA's denial letter invited Saofaigaalii to appeal the decision, stating, "If you do notagree with our decision, you should write us and tell us why.You have one year from the date of this letter to appeal the decision."ECFNo. 54-4, PageID # 318.Saofaigaalii, relying on these instructions, filed an appeal with the VA.

On August 12, 2010, when Saofaigaalii was in Hawaii for a medical check up, he stopped by the VA to check on the status of his appeal and was told by a counselor that it had been denied.SeeECF No. 1-12, PageID # 27.Saofaigaalii claims that the "V.A. advised me to put my Claim straight to Tripler Hospital."Seeid.

On October 7, 2010, Saofaigaalii mailed to a Brigadier General assigned to Tripler a letter that summarized his negligence claim against Tripler.SeeECF No. 1-10, PageID #s 22-25.When Saofaigaalii received no response, he sent another letter on November 15, 2010.SeeECF No. 43, PageID # 198.On March 16, 2011, Saofaigaalii wrote to the VA requesting assistance because he"stilled [sic] not heard of anything from Tripler Army Medical Center."ECF No. 1-9, PageID # 21.

On March 23, 2011, Katharyne Clark,¹ a Judge Advocate assigned to Tripler, wrote a letter to Saofaigaalii, stating that his letters to Tripler had been forwarded to her.SeeECFNo. 43-3, PageID # 233.Her letter further stated, "In reading yourletters, it appears you wish to file a tort claim against the United States.I have enclosed several blank copies of Standard Form SF-95, Claim for Damage, Injury, or Death."Seeid.The letter was allegedly mailed to Saofaigaalii's address in American Samoa sometime around March 23, 2011.Saofaigaalii's position in this case, including during the hearing on the present motion, is that he never received the letter.

Saofaigaalii alleges that he continued to suffer from the injuries caused by the Tripler procedure and was in a coma from February to March 2013.SeeECF No. 1-4, PageID # 12.According to Saofaigaalii,

I was in COMA for two (2) months in Tripler Army Medical Center from February thru March 2013.I was in ICA, and than PROGRESSIVE CARE UNIT, and than to the ward, and than after that, I was transferred to the CFA.I was Discharged from CFA on October 03, 2013.I returned to Home in American Samoa on October 09, 2013 on Special Flight.I am not still fully recover for my situations since I was in Hospital.My conditions is come very slowly to recover from COMA.

Id.(grammar and spelling as in the original).

In September 2013, Saofaigaalii met with a Tripler Medical Claims Judge Advocate, Yvette Soto.SeeECFNo. 43-1, PageID # 204.After discussing the claim with Saofaigaalii, Soto provided him with an SF-95 form.Seeid.Saofaigaalii allegedly mailed the completed SF-95 form to Tripler on September 27, 2013.SeeECF No. 43, PageID # 198.Saofaigaalii backdated the form toOctober 7, 2010, the date on which he had mailed his first letter to the Brigadier General at Tripler.SeeECF No. 43, PageID # 198.He hand-delivered another copy of the completed SF-95 form to an employee at Tripler on September 30, 2013.SeeECF No. 43, PageID # 198.

On March 14, 2014, the Tort Claims Division of the Department of the Army denied Saofaigaalii's FTCA claim.SeeECF No. 1-3, PageID # 10.The basis for the denial was that his claim was barred by the two-year statute of limitations pursuant to 28 U.S.C. § 2401(b).Seeid.Saofaigaalii filed a motion for reconsideration by the Army that was denied on August 19, 2014.SeeECF No. 1-2, PageID # 8.

Saofaigaalii filed his Complaint in this court on October 9, 2014, suing Tripler and the Department of the Army.SeeECF No. 1.His Complaint alleges that the two medical procedures at Tripler were negligently performed and resulted in his suffering severe injuries, including headaches, numbness and pain in both lower extremities, lower back pain, bacterial infection in his vertebrae, a broken piece of metal left in his kidney or stomach, inability to maintain an erection and painful urination, stress, and emotional distress to himself as well as his family members.Seeid., PageID # 196.

As the United States has previously noted, seeECFNo. 25-1, PageID # 111, individual federal agencies cannot be suedunder the FTCA.Instead, the proper defendant in an FTCA case is the United States.Indeed, as explained later in this order, the analysis of whether Saofaigaalii's claims have been timely filed may also implicate actions by the VA, which is under the United States' umbrella.

During the present litigation, the United States served a Request for Admissions on Saofaigaalii on September 10, 2015.SeeECF No. 43, PageID # 199.The United States agreed to extend the deadline for Saofaigaalii to respond to November 13, 2015.Seeid.On or about November 18, 2015, the United States...