Isabella Nartey v. Franciscan Health Hospital, 2f4th1020

Background:

In August 2016 Millicent Nartey was admitted to Franciscan Health Olympia Fields with stroke symptoms; she later suffered a stroke, was placed on life support, and was declared brain dead after the hospital stopped treatment and canceled a pending transfer.
The family sought transfers; Franciscan assisted in submitting requests but two receiving hospitals declined for insurance reasons and a third request was pending when care ceased.
In August 2018 Millicent’s daughter, pro se Isabella Nartey, sued Franciscan (25 counts) alleging EMTALA violations, Title VI discrimination, and fraudulent concealment of test results; district court dismissed for failure to state claims and (erroneously, the court later acknowledged) noted a state-law affidavit issue, giving 30 days to amend.
Nartey failed to timely file the amended complaint and procedural defects led the district court to enter final judgment; she filed post-judgment motions and sought an extension to appeal, raising appellate-timeliness issues.
The Seventh Circuit concluded Nartey’s post-judgment filings and statements gave sufficient notice of intent to appeal (so it had jurisdiction) but affirmed the dismissal on the merits: EMTALA does not cover post-admission quality-of-care claims; Title VI was not shown because receiving hospitals denied transfers; fraudulent-concealment allegations failed because the records would have been discoverable by reasonable inquiry.

Issues:

Issue	Plaintiff's Argument	Defendant's Argument	Held
Appellate jurisdiction / timeliness	Nartey argued her post-judgment filings and motions provided timely notice and warranted an extension to appeal.	Franciscan argued Nartey failed to file a timely notice of appeal and extensions were improper.	Court found sufficient notice from other timely filings and statements; had jurisdiction to hear appeal.
EMTALA liability	Nartey contended Franciscan failed to provide required emergency treatment or properly transfer her mother.	Franciscan argued it screened, admitted the patient to ICU, and EMTALA does not police post-admission quality of care.	Court held EMTALA satisfied screening and admission obligations; EMTALA does not reach post-admission malpractice/quality-of-care claims.
Title VI discrimination	Nartey alleged transfers were less frequent for minorities and that Franciscan’s actions had discriminatory effect.	Franciscan argued it assisted with transfer requests and that receiving hospitals denied them; no causal discrimination by Franciscan shown.	Court held plaintiff failed to allege facts showing Franciscan discriminated in transfers; no Title VI violation.
Fraudulent concealment & state affidavit rule	Nartey alleged Franciscan concealed test results to hide malpractice and sought damages for concealment; she also argued dismissal for lacking a 735 ILCS 5/2-622 affidavit was improper.	Franciscan argued the concealment allegations were tied to malpractice and plaintiff failed to comply with Illinois affidavit requirements.	Court: dismissal for failure to attach a 5/2-622 affidavit at pleading stage was erroneous but harmless; concealment claim failed because plaintiff knew to look for results and a reasonable inquiry would have discovered omissions, so fraudulent concealment not pleaded.

Key Cases Cited

Bowles v. Russell, 551 U.S. 205 (notice of appeal is jurisdictional)
Owens v. Godinez, 860 F.3d 434 (other timely filings can supply adequate notice to appeal)
Mayle v. Illinois, 956 F.3d 966 (district courts have discretion in extending appeal deadlines)
Nestorovic v. Metro. Water Reclamation Dist. of Greater Chicago, 926 F.3d 427 (review limits on district-court discretion to extend appeal time)
Beller v. Health & Hosp. Corp. of Marion Cnty., Ind., 703 F.3d 388 (EMTALA discourages transfer over providing treatment)
Smith v. Crisp Reg'l Hosp., Inc., 985 F.3d 1306 (EMTALA does not encompass post-admission malpractice claims)
Torretti v. Main Line Hosps., Inc., 580 F.3d 168 (same: EMTALA not a remedy for quality-of-care complaints)
Young v. United States, 942 F.3d 349 (district courts should not dismiss complaints at pleading stage for failure to attach 735 ILCS 5/2-622 affidavit)
Abazari v. Rosalind Franklin Univ. of Med. & Sci., 40 N.E.3d 264 (elements of fraudulent concealment and duty to disclose)