953 F. Supp. 2d 344
D.P.R.2013Background
- Decedent Arquidiana Arvelo-Segura was admitted to Mennonite General Hospital on February 24, 2011; her widower, Victor Martinez-Valdez, signed hospital admission paperwork that included a forum-selection clause requiring litigation in Puerto Rico.
- Plaintiffs filed federal diversity claims, including a survivorship claim under Puerto Rico law; defendants moved to enforce the forum-selection clause and argued survivorship claim must join all heirs.
- The court previously ordered simultaneous jurisdictional briefs; two issues were presented: enforceability of the forum-selection clause and whether Mr. Martinez (the widower) is an indispensable non-diverse party who would destroy diversity jurisdiction.
- Plaintiffs conceded Mr. Martinez is a forced heir but argued his rights are only a usufruct (not ownership) and thus he is not an indispensable party to the survivorship claim.
- Defendants argued the forum clause required dismissal/transfer to Puerto Rico and that all heirs (including the widower) must be joined to the survivorship action, which would destroy diversity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Enforceability of hospital forum-selection clause | Clause not part of informed consent; admission form distinguishable and therefore enforceable | Forum-selection clause binds patient to Puerto Rico courts and should be enforced | Clause is unenforceable: Puerto Rico public policy (Reg. No. 7617) bars forum-selection clauses in medical admissions/forms |
| Need to join widower as party to survivorship claim | Widower only holds usufruct (a limited right), not ownership; thus not indispensable to survivorship cause of action | Widower is a forced heir whose presence is required for succession claims; joining him would collapse diversity | Widower is an indispensable forced heir; his joinder would destroy diversity jurisdiction; survivorship claim dismissed without prejudice |
Key Cases Cited
- M/S Bremen v. Zapata Off-Shore Co., 407 U.S. 1 (Forum-selection clauses are prima facie valid)
- Rivera v. Centro Medico de Turabo, Inc., 575 F.3d 10 (1st Cir. 2009) (Puerto Rico regulation reflects strong public policy against forum-selection clauses in informed consent)
- Garcia-Mones v. Grupo HIMA San Pablo, Inc., 875 F. Supp. 2d 98 (D.P.R. 2012) (forum-selection clauses in informed consent documents are invalid under Puerto Rico law)
- Cruz-Gascot v. HIMA, 728 F. Supp. 2d 14 (D.P.R. 2010) (all heirs must be joined in survivorship/succession suits)
- Pino-Betancourt v. Hosp. Pavia Santurce, 928 F. Supp. 2d 393 (D.P.R. 2013) (widower is a forced heir and joinder is required; survivorship claims without all heirs defeat diversity)