Gray v. United States

69 Fed. Cl. 95, 2005 U.S. Claims LEXIS 361, 2005 WL 3320096
CourtUnited States Court of Federal Claims
DecidedDecember 6, 2005
DocketNo. 05-483C
StatusPublished
Cited by86 cases

This text of 69 Fed. Cl. 95 (Gray v. United States) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gray v. United States, 69 Fed. Cl. 95, 2005 U.S. Claims LEXIS 361, 2005 WL 3320096 (uscfc 2005).

Opinion

OPINION AND ORDER

LETTOW, Judge.

Pending before the court are defendant’s motion to dismiss for lack of subject-matter jurisdiction pursuant to Rule 12(b)(1) of the Rules of the United States Court of Federal Claims (“RCFC”) and plaintiffs motion to transfer pursuant to 28 U.S.C. § 1631. The plaintiff, Ms. Gray, seeks compensatory and punitive damages from the United States for alleged injuries suffered while receiving medical treatment. Compl. at 1. Ms. Gray avers that she is aurally disabled and that a lack of accommodation for her disability affected her medical care. Id. Ms. Gray was treated at Unity Health Care, Inc. (“Unity”), a nonprofit, federally-financed network of health care centers operating in the District of Columbia that serves underprivileged communities and patients. Id. 112.

The government contends that this court does not have subject-matter jurisdiction to entertain Ms. Gray’s claims. Defendant’s Motion to Dismiss (“Def.’s Mot.”) at 1. Plaintiff does not concede this court’s lack of subject-matter jurisdiction. However, plaintiff chiefly addresses the merits of her claims in the context of her cross-motion to transfer those claims to the U.S. District Court for the District of Columbia (“District Court”). Ms. Gray’s claims consist of alleged negligence, violation of the Americans with Disabilities Act (“ADA”), as amended, 42 U.S.C. §§ 12101-12213, and violation of the Rehabilitation Act of 1973, as amended, 29 U.S.C. §§ 701-7961. She seeks transfer to the District Court on the grounds that her claims were timely filed, that she exhausted the pertinent administrative processes, and that the District Court would have jurisdiction to hear her claims. Plaintiffs Motion to Transfer and Response to Defendant’s Motion to Dismiss (“PL’s Transfer Mot.”) at 3^4. The government opposes transfer, arguing that Ms. Gray has failed to state any cognizable claim against the United States and thus that Ms. Gray’s complaint also would be jurisdic-tionally deficient in the District Court. Defendant’s Reply in Support of its Motion to Dismiss and Opposition to Motion to Transfer (“Def.’s Reply”) at 1, 3-4. The government contends that the claims should be dismissed, not transferred. Id. at 4.

The court concludes that neither this court nor the District Court have jurisdiction to entertain plaintiffs claims against the United States based upon the ADA or the Rehabilitation Act. Those claims will be dismissed. However, while this court does not have jurisdiction to consider Ms. Gray’s negligence claim, the District Court does have such jurisdiction, and that claim will accordingly be transferred to the District Court. In short, for the reasons stated below, defendant’s motion to dismiss is granted with respect to counts one and two of the complaint, which rest on the ADA and the Rehabilitation Act, and plaintiffs motion to transfer is granted with respect to count three of the complaint (the negligence claim).

BACKGROUND1

Ms. Gray, who avers she has been deaf since birth, alleges she has suffered from complications arising from, but not limited to, uterus fibroids and pelvic pain for at least the past four years. Compl. H 9. Beginning in 2001 and continuing into 2002, Ms. Gray received medical care from the staff of Unity, who performed diagnostic procedures with attendant laboratory work on May 17, May 30, June 14, and September 17, 2001, and February 6, 2002. Hr’g Tr. 22:16-22, 23:12-17 (Nov. 10, 2005); see Compl. ¶ 10. Ms. Gray also received a pelvic sonogram and bilateral mammography at Providence Hospi[97]*97tal, which is unrelated to Unity, in June 2001. Compl. ¶ 11.

On March 14, 2002, the plaintiff was admitted to Columbia Hospital for Women (“Columbia”) for surgery. Compl. 1112. Columbia also is not affiliated with Unity. An exploratory laparotomy and total abdominal hysterectomy were performed on March 26, 2002 at Columbia by a surgeon, and Ms. Gray was subsequently released from Columbia three days later. Id. 1112. The surgeon removed plaintiff’s staples on April 3, 2002, prescribed medication, and noted that her postoperative recovery was “unremarkable.” Hr’g Tr. 23:25 to 24:4; see Compl. ¶ 13.

Throughout Ms. Gray’s treatment and interaction with Unity, Columbia, their employees, and the surgeon, Ms. Gray “at all times ... requested assistance from a live in-person, qualified sign language interpreter to enable [her] to communicate with doctors and other health care providers, to understand and participate in their medical treatment [of her] and to receive [the] full benefit of [h]ospital [s]erviees.” Compl. U 8. No interpretive services or other accommodations related to her inability to hear were provided to the plaintiff by Unity, Columbia, or the surgeon, including during pre- and post-operative meetings and exams. Id. 11118, 14.

Subsequently, on April 4, 2002, Ms. Gray was admitted to Washington Medical Center, which is not affiliated with Unity, for exploratory surgery. Compl. U16. During this procedure, doctors discovered that Ms. Gray had an infection and a fascial dehiscence2 as a result of the surgery performed by the surgeon at Columbia on March 26, 2002. Id. UU15-16; Hr’g Tr. 24:22 to 25:12. Following the exploratory surgery, Ms. Gray remained at Washington Medical Center for seven days for further treatment. Compl. U17. While receiving treatment from the Washington Medical Center, Ms. Gray had, and continues to have, a sign language interpreter present when communicating with a doctor. Id.

Ms. Gray filed an administrative claim on March 6, 2004 pursuant to the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 1346(b), with the Department of Health and Human Services seeking $750,000 for alleged actions taken by Unity, Columbia, their employees, and the surgeon between March 1, 2001 and April 2002. Compl. Ex. A; Def.’s Mot. at 1. On October 21, 2004, a notice of final determination was issued stating that Ms. Gray’s claim was denied on the ground that “[t]he evidence fail[ed] to establish that the alleged injury was due to the negligent or wrongful act or omission of a federal employee acting within the scope of employment.” Compl. Ex. A. On April 20, 2005, Ms. Gray filed her complaint in this court.

Concurrently with the filing of this action, Ms. Gray also brought a complaint against Unity and Columbia in District Court alleging the same injuries arising from the same facts and circumstances. Valencia R. Gray v. Unity Health Care, Inc., et al., No. 05-278ESH (D.D.C.2005). On August 12, 2005, Ms. Gray and Unity filed a stipulation voluntarily dismissing with prejudice the action against Unity pursuant to Fed.R.Civ.P. 41(a). See Stipulation of Dismissal, Valencia R. Gray v. Unity Health Care, Inc., et al, No. 05-278ESH (D.D.C. Aug. 12, 2005). Ms. Gray’s action against Columbia remains pending in the District Court. Pl.’s Transfer Mot. at 1.

The court held a hearing on both the United States’ motion to dismiss and Ms. Gray’s cross-motion to transfer on November 10, 2005.

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69 Fed. Cl. 95, 2005 U.S. Claims LEXIS 361, 2005 WL 3320096, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gray-v-united-states-uscfc-2005.