In P.W., a minor, by Dominque Woodson, his mother and guardian, et al. v. United States of America, Case No. 20-1142 (7th Cir. March 5, 2021), the Court found that the Northern Indiana District Judge did not err in granting defendant-government’s motion for summary judgment in plaintiff’s action under Federal Tort Claims Act, alleging that her child sustained permanent injuries to his left arm during birth.
Woodson received prenatal treatment from Dr. Ramsey at NorthShore Health Centers. Ramsey informed Woodson that she would likely need to deliver her baby by C-section. Ramsey delivered P.W. vaginally at Anonymous Hospital. Woodson noticed immediately that something was wrong with P.W.’s left arm. P.W.’s arm did not improve.
Plaintiff apparently did not know that NorthShore is a Federally-qualified health center (FQHC) that receives federal money (42 U.S.C. 1396d(l)(2)(B)) and that its employees are deemed Public Health Service employees, covered against malpractice claims under the Federal Tort Claims Act (FTCA), 42 U.S.C. 233(g). NorthShore appears in the federal government’s online public database of federal funding recipients whose employees may be deemed Public Health Service employees. Woodson’s attorney, Sandoval, failed to recognize NorthShore’s status as an FQHC. Sandoval reviewed the Indiana Department of Insurance (IDOI) and Indiana Patient’s Compensation Fund online databases and learned that Ramsey and Anonymous Hospital were “qualified” providers under the Indiana Medical Malpractice Act. The IDOI forwarded Woodson’s complaint to Ramsey and his insurance carrier. Those claims remain pending.
On December 16, 2015, NorthShore informed Sandoval that NorthShore was a federally funded health center. Woodson filed administrative tort claims, which were denied. Nearly three years after P.W.’s birth, Woodson filed suit against the government and Anonymous Hospital. The District Court found that the action was filed beyond applicable two-year limitations period because (1) the doctor told plaintiff that delivery plan called for her to receive C-section, but on day of delivery, said doctor delivered child vaginally; (2) according to plaintiff, delivery was traumatic, that child “got stuck” on way out, and that once child was born, it appeared that child could not move his left arm; and (3) shortly after child’s birth, plaintiff raised concerns about child’s left arm and eventually retained counsel, who did not file instant claim until three years after child’s birth.
The Seventh Circuit affirmed that the claims accrued on December 7, 2013, the day P.W. was born, and were thus untimely under the FTCA’s two-year statute of limitations. Woodson had enough information shortly after P.W.’s birth to prompt her to inquire whether the manner of delivery caused P.W.’s injury. The FTCA savings provision does not apply because the IDOI never dismissed the claims. Neither Ramsey nor NorthShore had a duty to inform Woodson of their federal status.