Baldwin v. United States of America
1:20-cv-00214
| N.D.N.Y. | Feb 8, 2021Background
- Decedent was a patient at the Albany Stratton VA; an exophytic anal/perianal lesion was documented during a June 2015 colonoscopy but no biopsy or referral occurred.
- Repeated VA admissions in July and August 2015 reference the lesion and an anoscopy; no biopsy was performed; a surgical consult in May 2016 diagnosed anal squamous cell carcinoma.
- Decedent died on September 11, 2017 of metastatic colon cancer.
- Plaintiff Kalonie Baldwin (administratrix) sued the United States under the FTCA (wrongful death and medical malpractice); the VA was voluntarily dismissed earlier.
- The United States moved to dismiss for lack of subject-matter jurisdiction (alleged independent-contractor negligence), statutory timeliness (no administrative claim within two years), and failure to attach a CPLR § 3012-a certificate of merit; Baldwin largely failed to oppose jurisdiction and timeliness and sought leave to amend.
- Court granted the United States’ motion to dismiss for lack of jurisdiction and for failure to state a claim, denied Baldwin’s amendment motion as procedurally deficient and futile but gave leave to renew in compliance with local rules within 14 days.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the United States is liable for negligence of an alleged independent contractor (subject-matter jurisdiction) | Baldwin did not meaningfully oppose; argued facts implicating VA physicians in an affidavit | Dr. Casale was an independent contractor; sovereign immunity bars FTCA liability | Court found defendant’s argument facially meritorious and dismissed for lack of jurisdiction |
| Timeliness of medical malpractice claim (FTCA administrative-exhaustion/two-year rule) | Baldwin failed to contest timeliness in opposition; affidavit asserted factual disputes about June 2015 care | Plaintiff did not file an administrative claim within two years of accrual; claim is time-barred | Court concluded timeliness argument was facially meritorious and treated claim as untimely |
| Sufficiency of allegations to state a medical malpractice/wrongful death claim | Affidavit and proposed amendments recited additional facts about Sacco and Hill | Amended complaint lacks nonconclusory factual allegations tying negligence to VA employees | Under Rule 12(b)(6) court found complaint fails to state a claim and dismissed |
| Motion to amend — procedural compliance and futility | Baldwin sought to file a second amended complaint adding/clarifying allegations | Motion failed Local Rule 15.1 (no redline), reasserted time‑barred claims, named dismissed VA, and would be futile | Motion to amend denied for procedural noncompliance and futility; leave to renew within 14 days in compliance with Local Rules |
Key Cases Cited
- Makarova v. United States, 201 F.3d 110 (2d Cir. 2000) (plaintiff bears burden to prove subject‑matter jurisdiction and court may consider evidence outside pleadings)
- Gonzalez v. Carestream Health, Inc., [citation="520 F. App'x 8"] (2d Cir. 2013) (complaint must allege facts raising right to relief above speculative level)
- Panther Partners Inc. v. Ikanos Comms, Inc., 681 F.3d 114 (2d Cir. 2012) (proposed amendment is futile if it would fail to state a claim under Rule 12(b)(6))
- Milanese v. Rust‑Oleum Corp., 244 F.3d 104 (2d Cir. 2001) (amendment should be denied only if plaintiff can plead no set of facts entitling relief)
- Burch v. Pioneer Credit Recovery, Inc., 551 F.3d 122 (2d Cir. 2008) (factors for granting leave to amend: futility, delay, bad faith, repeated failure, undue prejudice)
- Doane v. United States, 369 F. Supp. 3d 422 (N.D.N.Y. 2019) (elements of New York medical malpractice claim)
- Quinn v. United States, 946 F. Supp. 2d 267 (N.D.N.Y. 2013) (elements required for a New York wrongful death claim)