Quinn ex rel. estate of E.Q. v. United States
2013 U.S. Dist. LEXIS 70872
| N.D.N.Y. | 2013Background
- This is a medical malpractice FTCA action brought by Sandra Quinn (as administratrix) and Peter Quinn against the United States, Dr. Allen, and Samaritan Medical Center.
- Plaintiffs allege five causes of action: conscious pain and suffering, lack of informed consent, wrongful death, and two emotional distress claims (intentional and negligent) related to care before/after E.Q.’s birth and death.
- E.Q. was delivered by C-section at SMC; post-delivery she deteriorated and died after a transfusion and treatment by Dr. Allen in the NICU.
- Discrepancies are noted in the transfusion records: two units documented as 0 Negative but Unit Issue Card shows A Positive; DOH later investigated blood administration.
- Autopsy was not performed due to blood loss; Plaintiffs contend this was mishandling of the body and a cover-up, while DOH findings and pathologist testimony complicate causation.
- Defendants moved for summary judgment on multiple grounds, including lack of subject matter jurisdiction, lack of punitive damages, statute of limitations, and lack of vicarious liability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| FTCA jurisdiction over Peter Quinn | Peter Quinn asserts FTCA claims against United States. | Failure to file an administrative claim deprives court of jurisdiction. | Claims against United States dismissed for lack of jurisdiction. |
| Punitive damages against United States | Plaintiffs seek punitive damages under FTCA. | FTCA does not waive immunity for punitive damages. | Punitive damages against United States dismissed. |
| Intentional infliction of emotional distress | Plaintiffs claim IIED against Allen/SMC timely. | Time-barred under NY law; limitations date passed. | Iied claims dismissed as barred by statute of limitations. |
| Negligent infliction of emotional distress | NEID from autopsy delay constitutes IIED-type harm to plaintiffs. | No threat of physical harm and no valid by Johnson exception. | NEID claims dismissed; no viable theory recognized. |
| Transfusion of incompatible blood | Evidence supports incompatible transfusion contributing to injury/death. | DOH report and records show compatible transfusion; expert testimony weakens claim. | Questions of fact remain; summary judgment denied for claims based on incompatible blood. |
Key Cases Cited
- Park West Radiology v. CareCore Nat. LLC, 675 F. Supp. 2d 314 (S.D.N.Y. 2009) (agency of government reports; admissibility under 403 balance)
- Mortise v. United States, 102 F.3d 693 (2d Cir. 1996) (negligent infliction with bystander/direct theories require physical threat)
- Johnson v. State, 334 N.E.2d 590 (N.Y. 1975) (emotional harm from negligent mishandling of a corpse; especial circumstances)
- Slaughter v. St. Anthony Cmty. Hosp., 206 A.D.2d 513 (N.Y.App.Div. 1994) (autopsy failure not negligent mishandling of a corpse)
- Thurman v. United Health Servs. Hosps., Inc., 39 A.D.3d 934 (N.Y.App.Div. 2007) (apparent agency/ vicarious liability for non-employee physicians)
- Searle v. Cayuga Med. Ctr. at Ithaca, 28 A.D.3d 834 (N.Y.App.Div. 2006) (apparent agency elements for hospital liability)
- Gabriel v. County of Herkimer, 889 F. Supp. 2d 374 (N.D.N.Y. 2012) (wrongful death; statutory and common-law damages considerations)