Pryce v. United States

Background

Chante Pryce brought this action against the United States under the Federal Tort Claims Act (FTCA), which permits certain tort claims based on acts of federal employees or covered health-care providers. She alleged negligence, lack of informed consent, and negligent hiring arising from surgery and related medical care received from Montefiore Medical Group Comprehensive Family Care Center (CFCC), Montefiore Medical Center Jack D. Weiler Hospital (Weiler Hospital), and Dr. Meleen Chuang. She alleged that the treatment caused infection, wound disruption, additional medical treatment, expenses, and physical and emotional distress.

Pryce submitted an administrative claim to the Department of Health and Human Services (HHS) on October 10, 2017. That claim identified CFCC as the appropriate federal agency and described alleged negligent presurgical care and premature discharge. HHS denied the claim on September 10, 2019, and advised Pryce that she could seek reconsideration or file suit against the United States in federal district court within six months.

Instead, Pryce filed a New York state-court action on February 6, 2020, against CFCC, Weiler Hospital, Dr. Chuang, and others. The state court dismissed the claims against CFCC in January 2021 and later dismissed the claims against Weiler Hospital and Dr. Chuang in May 2021. After that, Pryce submitted a second administrative claim to HHS on June 8, 2021, naming Weiler Hospital and Dr. Chuang. HHS had not made a final decision on that claim when Pryce filed the amended federal complaint.

Claims Against CFCC

The court held that Pryce’s claims against CFCC were barred by the FTCA’s six-month deadline for filing suit after an agency’s written denial. HHS denied the 2017 claim on September 10, 2019, but Pryce did not file the present federal action until February 25, 2021. The court rejected Pryce’s argument that a federal statute concerning claims dismissed for failure to complete the administrative process made her federal action timely. The court explained that this provision did not apply because Pryce had completed the administrative process for the CFCC claim, and the state court had dismissed that claim for lack of jurisdiction rather than for failure to submit an administrative claim.

The court also rejected equitable tolling, a doctrine that can extend a filing deadline in rare circumstances. It found that Pryce had not shown the required diligence or an extraordinary obstacle. The court noted that her counsel had filed the case in the wrong court and that Pryce had not adequately explained how the COVID-19 pandemic prevented timely filing. The court therefore dismissed the claims against CFCC with prejudice.

Claims Against Weiler Hospital and Dr. Chuang

The court determined that Dr. Chuang’s care at Weiler Hospital could be covered by the FTCA to the extent it was part of a continuous course of treatment that began at CFCC. The court also stated that claims directed at Weiler Hospital itself, or at other Montefiore employees who did not provide continuous care connected to treatment at CFCC, were not covered by the FTCA and would be dismissed without prejudice.

Regardless, the court concluded that it lacked subject-matter jurisdiction over the FTCA-eligible claims against Weiler Hospital and Dr. Chuang because Pryce had not exhausted the required administrative remedies before filing suit. Her 2021 HHS claim remained pending, and the FTCA requires the agency to make a final decision before a federal lawsuit begins. The court declined to decide whether those claims were also time-barred because it first had to address the jurisdictional issue.

Ruling

Judge Katherine Polk Failla granted the Government’s motion to dismiss. The claims against CFCC were dismissed with prejudice as time-barred. The claims against Weiler Hospital and Dr. Chuang were dismissed without prejudice for lack of subject-matter jurisdiction. The Clerk was directed to terminate pending motions, adjourn remaining dates, and close the case.