Borgos-Taboas v. Hima San Pablo Hospital Bayamon
2011 U.S. Dist. LEXIS 145818
D.P.R.2011Background
- Plaintiffs, widow and three sons of Robert J. Calvesbert, filed an EMTALA and Puerto Rico law suit on April 8, 2011.
- Calvesbert died September 22, 2008 after allegedly subpar emergency treatment; the death occurred within 24 hours of hospital admission.
- EMTALA provides a two-year statute of limitations measured from the date of the alleged violation.
- Plaintiffs sought tolling via letters and later an expert report, arguing equitable tolling should apply to extend EMTALA’s deadline.
- The court granted Defendants’ 12(b)(6) motion to dismiss, concluding EMTALA claims were time-barred and not tolled; state-law claims were dismissed as well.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether EMTALA is subject to equitable tolling | Plaintiffs contend tolling due to extraordinary circumstances delayed filing. | Defendants argue EMTALA has no tolling provision and stays within two-year limit. | Equitable tolling not supported; EMTALA claims time-barred. |
| Whether EMTALA claims accrued within two-year window | Plaintiffs allege tolling preserved claims despite accrual date. | Defendant asserts accrual date controlled by violation date; tolling fails to save claims. | Accrual occurred before filing; claims time-barred. |
| Whether plaintiffs adequately pleaded tolling events | Letters and expert delays tolled limitations. | Delays and notice do not satisfy exceptional circumstances required for tolling. | Pleading insufficient to justify tolling; dismissal affirmed. |
Key Cases Cited
- In re Colonial Mortgage Bankers Corp., 324 F.3d 12 (1st Cir. 2003) (111)
- Jones v. Bock, 549 U.S. 199 (Supreme Court 2007) (statute of limitations and awareness considerations)
- Hollander v. Brown, 457 F.3d 688 (7th Cir. 2006) (not pleading yourself out of court by asserting facts)
- Correa v. Hosp. San Francisco, 69 F.3d 1184 (1st Cir. 1995) (EMTALA framework as anti-dumping remedy)
- Reynolds v. Maine-General Health, 218 F.3d 78 (1st Cir. 2000) (EMTALA complements state-law claims, not substitutes)
- del Carmen Guadalupe v. Negron Agosto, 299 F.3d 15 (1st Cir. 2005) (emergency screening and stabilization obligations)
- Kizzire v. Baptist Health System, Inc., 441 F.3d 1306 (11th Cir. 2006) (EMTALA accrual and limitations context)
- Saltares v. Hosp. San Pablo, Inc., 371 F.Supp.2d 28 (D. P.R. 2005) (EMTALA limitations and tolling considerations)
- Negron-Santiago v. San Cristobal Hosp., 764 F.Supp.2d 366 (D. P.R. 2011) (equitable tolling and evidentiary considerations)
- Monrouzeau v. Asociacion del Maestro, 354 F.Supp.2d 115 (D. P.R. 2005) (expert-delay insufficiency for tolling)
- Vogel v. Linde, 23 F.3d 78 (4th Cir. 1994) (statute of limitations generally cannot be tolled unless provided)