Cruz-Cedeno v. Vega-Moral

Court of Appeals for the First Circuit·Decided August 8, 2025·No. 23-1609·Published

Opinion

United States Court of Appeals For the First Circuit

No. 23-1609

NEYZA CRUZ-CEDEÑO; SAVIER VÁZQUEZ-OYOLA; NAIDA CEDEÑO-MALDONADO;

ABNER CRUZ-CEDEÑO; and AVID CRUZ-CEDEÑO,

Plaintiffs, Appellants,

v.

FERNANDO VEGA-MORAL and CONJUGAL PARTNERSHIP VEGA-ROE, Defendants, Appellees,

HIMA SAN PABLO BAYAMÓN; HOSPITAL PEDIÁTRICO UNIVERSITARIO DR.

ANTONIO ORTÍZ; CENTRO SERVICIOS DE SALUD TOA ALTA LLC;

ADMINISTRACIÓN DE SERVICIOS MÉDICOS DE PUERTO RICO; LUIS E.

CINTRÓN-ORTÍZ; CMT, a/k/a HIMA SAN PABLO BAYAMÓN; JANE DOE;

CONJUGAL PARTNERSHIP CINTRÓN-DOE; SALLY ROE; JOHN DOE; JANEY DOE; and INSURERS A, B, C,

Defendants.

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO

[Hon. Aida M. Delgado-Colón, U.S. District Judge]

Before

Gelpí, Lipez, and Rikelman, Circuit Judges.

Juan M. Martínez-Nevárez, with whom González & Martínez, PSC, Mirelis Valle-Cancel, and Valle Cancel Law, LLC were on brief, for appellants.

Igor J. Domínguez, with whom Igor J. Domínguez Law Offices was on brief, for appellee Dr. Fernando Vega-Moral.

August 8, 2025

RIKELMAN, Circuit Judge. In October 2016, Neyza Cruz-Cedeño and Savier Vázquez-Oyola sought medical treatment for their infant son, who was suffering from convulsions and seizures. After being treated at three medical centers on the same day, their son suffered cardiac arrest and, tragically, passed away.

After filing an initial complaint in Commonwealth court, the parents ultimately sued the medical centers and doctors in federal court. Dr. Fernando Vega-Moral ("Dr. Vega"), one of the doctors who treated their son, moved for summary judgment, arguing that the parents' claims against him were filed too late. The district court granted his motion, concluding that Dr. Vega had properly raised a statute of limitations defense and the parents had failed to meet their burden of proving that their federal claims against him were timely. It then denied the parents' motion for reconsideration on the ground that they relied on new arguments that they should have presented much earlier in the case. We agree with the district court's analysis and thus affirm.

I. BACKGROUND

In reviewing the district court's decision granting summary judgment to Dr. Vega, we recite the facts in the record in the light most favorable to the parents and draw all reasonable inferences from those facts in their favor. See Klunder v. Brown Univ., 778 F.3d 24, 30 (1st Cir. 2015).

A. Relevant Facts

After their nineteen-month-old son began experiencing convulsions and seizures on October 25, 2016, Cruz-Cedeño and Vázquez-Oyola sought emergency medical treatment for him. They first sought treatment at a health services center. After an hour and a half, the center transferred their son to the HIMA San Pablo Bayamón hospital ("HIMA"), where Dr. Vega treated him. A few hours later, Dr. Vega decided that the child was stable enough to be transferred to another hospital. Less than two hours after this second transfer, however, the child suffered a cardiac arrest and passed away.

B. Commonwealth Court Proceedings In November 2017, the child's parents, grandmother, and two uncles (collectively, "the parents") filed suit in Commonwealth court, bringing medical malpractice and negligence claims against the various medical centers, the unnamed doctors who treated their son, and related defendants.1 The parents did not identify any of the physician defendants, including Dr. Vega, by name in their complaint. The trial court dismissed that case without prejudice in May 2018.

1 Althoughthe parents filed their Commonwealth complaint more than one year after the child's death, and thus beyond the one-year statute of limitations under Puerto Rico law, the defendants concede that this complaint was timely because the Supreme Court of Puerto Rico extended all court deadlines that were set to expire during the Hurricane María state of emergency.

C. Federal Court Proceedings One year later, in May 2019, the parents filed a new lawsuit in the U.S. District Court for the District of Puerto Rico against the same medical centers, Dr. Vega, and related defendants.2 Asserting diversity jurisdiction under 28 U.S.C. § 1332, they alleged medical malpractice and negligence claims under two provisions of the Puerto Rico Civil Code: Article 1802, Puerto Rico's tort statute, and Article 1803, which establishes vicarious liability for Article 1802 torts. See P.R. Laws Ann. tit. 31, §§ 5141-5142. The district court dismissed the claims against one medical center, Administración de Servicios Médicos de Puerto Rico, with prejudice under Federal Rule of Civil Procedure 12(b)(1). The parents also voluntarily dismissed their claims against two other medical centers: Hospital Pediátrico Universitario Dr. Antonio Ortíz, without prejudice; and HIMA, with prejudice.

Dr. Vega moved for summary judgment, arguing that the parents' federal complaint against him was time-barred. He highlighted two specific points in his motion: first, the parents

2 The parents also brought the federal complaint against Dr.

Luis Cintrón-Ortíz (another treating physician), as well as many unnamed defendants: the wives of Dr. Vega and Dr. Cintrón-Ortíz and their "conjugal partnerships," two additional doctors who treated the child, and three insurance companies. None of those defendants entered an appearance below, and they are not involved in this appeal.

filed the Commonwealth complaint thirteen months after their son's death, and thus after the one-year statute of limitations had lapsed, and second, that complaint did not name Dr. Vega as a defendant, so it did not toll the statute of limitations against him under Puerto Rico law. Dr. Vega also submitted a statement of undisputed facts alongside his motion but failed to attach five of the six exhibits that he relied upon to substantiate those facts.

The parents opposed Dr. Vega's summary judgment motion, but they contended only that their Commonwealth complaint was timely because the Puerto Rico Supreme Court extended all court deadlines during the Hurricane María state of emergency. They did not address or explain how their initial Commonwealth complaint tolled the statute of limitations specifically as to their federal claims against Dr. Vega. Instead, they argued that it was "impossible for [them] to properly respond" to Dr. Vega on this issue because he failed to attach exhibits supporting his statement of uncontested facts, which he filed with his motion.

The district court granted summary judgment to Dr. Vega in March 2021. Cruz-Cedeño v. HIMA San Pablo Bayamón, No. CV 19-1477, 2021 WL 4056295, at *5 (D.P.R. Mar. 31, 2021). The court initially ruled that the parents' federal lawsuit was filed within the applicable limitations period. As it explained, the dismissal of the Commonwealth complaint reset the one-year statute of limitations available under Puerto Rico law. See id.

at *4. And after taking judicial notice of the dismissal date of the Commonwealth complaint, "as it appears in the Commonwealth Court's electronic case database," the court calculated that the federal lawsuit was filed less than one year later. See id. at *1 n.2, *4. (The court also noted that the filing and dismissal dates of the Commonwealth lawsuit were discussed in the parents' federal complaint. See id. at *2 nn.3-4.) Next, the court concluded that, once Dr. Vega raised a statute of limitations defense in his answer, the burden of proof shifted to the parents to demonstrate that the limitations period was tolled specifically as to him, given that he was not named in the Commonwealth complaint. See id. at *4-5. Finally, the court held that the parents' "failure to submit competent evidence showing that the one-year statute of limitations was tolled as to Dr. Vega via the filing of the [Commonwealth] complaint is fatal to their case against him" and, "[a]bsent such evidence, their federal claims . . . are time-barred." Id. at *5.

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