Oficinas Medicas, Inc. v. Carmen Feliciano de Melecio

47 F. Supp. 2d 174, 1999 U.S. Dist. LEXIS 3065, 1999 WL 150489
CourtDistrict Court, D. Puerto Rico
DecidedMarch 12, 1999
DocketCiv No. 96-1658(PG)
StatusPublished
Cited by1 cases

This text of 47 F. Supp. 2d 174 (Oficinas Medicas, Inc. v. Carmen Feliciano de Melecio) is published on Counsel Stack Legal Research, covering District Court, D. Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Oficinas Medicas, Inc. v. Carmen Feliciano de Melecio, 47 F. Supp. 2d 174, 1999 U.S. Dist. LEXIS 3065, 1999 WL 150489 (prd 1999).

Opinion

OPINION & ORDER

PEREZ-GIMENEZ, District Judge.

Pending before this Court are plaintiffs’ motion for summary judgment (Dkt.# 15) and the defendant’s cross-motion for summary judgment. (Dkt.# 22). Plaintiffs requested three extensions of time (Dkt. 26, 29, 30) to reply to defendant’s cross-motion for summary judgment, and failed to comply with their own suggested extension-deadlines on all three occasions. The parties then requested an additional period of time to discuss the possibility of settlement, which the Court granted until March 1, 1999. Having failed to inform this Court within the specified deadline as to the progress of negotiations, the present opinion and order ensues.

The Facts

Oficinas Médicas, Inc. (hereinafter referred to as “Oficinas Médicas”) has been operating its medical offices under the name of Women Metropolitan Clinic since 1991.1 Oficinas Médicas’ operation entails the offering of medical services to those who seek family' planning, including abortion in the first trimester, as well as medical attention comprised within the gynecology field. These services are rendered by personnel consisting of an administrator (plaintiff Rosa Cáceres), a physician (plain[177]*177tiff Dr. Santiago Díaz Colón), a medical assistant, and a registered nurse.

On September of 1995, a “Complaint and Notification of Deficiency” was filed against all the plaintiffs stating that plaintiffs were operating a diagnostic and treatment center specialized in birth control or a health facility without a Certifícate of Need and Convenience (hereinafter referred to as “CNC”) and without a proper fícense, as required by Law 189 enacted on July 26, 1979, 24 L.P.R.A, §§ 334 et seq., and Law 101, enacted on June 26, 1965, 24 L.P.R.A. §§ 333 et seq. Administrative hearings related to the Complaint and Notification of Deficiency were held before the Health Department of the Commonwealth of Puerto Rico. It was established during the hearings that Oficinas Médicas had not been issued a CNC. It was also established that said entities did not have a license to operate due to its lack of compliance with Regulation 52, which provides the specifications that must be satisfied in order to obtain a license.

Two physical inspections of the Oficinas Médicas’ facilities were performed by a representative of the Health Department. Subsequently, inspection reports for the years 1992 and 1993 were prepared pursuant to Regulation 52 pointing out all the deficiencies found, which included the following: (1) lack of a set of rules and regulations for the operation of the facility specifying, among other things, a quality control program, work groups, and procedures to amend the rules and regulations; (2) absence of an agreement with a hospital facility to provide services such as emergency care; (3) failure to comply with pharmacy law; (4) lack of a CNC and a license to operate a pharmacy; (5) no patient transfer reports; (6) absence of a governing board; (7) failure to meet the Health Department’s dimension standards for the observation rooms; (8) eight foot ceilings; (9) lack of wash basins inside the examination rooms; and (10) absence of reserve water tanks.

After holding administrative hearings concerning the Complaint and Notification of Deficiency issued against the plaintiffs, Jeanette Arias, the Department of Health’s Examiner, rendered a report on April 3, 1996 concluding that plaintiffs needed a CNC and a health facility license in order to operate, and recommended the permanent and immediate closing of the Oficinas Médicas. On the same date, defendant Carmen Feliciano de Melecio (hereinafter referred to as “Feliciano”), Secretary of the Department of Health, issued a resolution ordering the closing of the Oficinas Médicas and imposing a $25,-000.00 fine on all the plaintiffs.

Discussion

I. Plaintiffs’ Claim Against the Defendant Is Precluded by the Res Judicata Doctrine

The plaintiffs, represented by counsel, filed two motions for reconsideration requesting that the Department of Health’s ruling be set aside. In co-plaintiff Dr. Santiago Díaz-Colón’s motion for reconsideration, the issue of the defendant’s actions as infringing upon Constitution of the United States’ protection of a woman’s right to have an abortion was explicitly raised on numerous occasions. (Dkt. # 15, Ex. # 4, at 11 and 14-17). Nevertheless, co-plaintiffs Mrs. Rosa Cá-ceres and Oficinas Médicas were completely silent throughout their motions for reconsideration about any rights granted by the United States Constitution regarding the termination of pregnancy.

The plaintiffs’ motions for reconsideration were implicitly denied since they were not ruled upon by the Department of Health within the statutory time frame. Consequently, plaintiffs proceeded to file in the Court of Appeals of the Commonwealth of Puerto Rico a petition seeking judicial review of the defendant’s resolution. The petition for review included the same constitutional issues raised at the administrative level, but this time on behalf of all the plaintiffs. (Dkt. # 22, App. [178]*1781. at 7-11). Finally, on October 29, 1997, the Court of Appeals of the Commonwealth of Puerto Rico affirmed Feliciano’s April 3, 1996 decision in its entirety except for the amount of the fine imposed on the plaintiffs.2 Since plaintiffs have raised similar constitutional claims at the administrative level, at the local Court of Appeals, and now at a federal forum, the issue of whether res judicata precludes their action surfaces.

“Under res judicata, a final judgment on the merits of an action precludes the parties or their privies from relitigat-ing issues that were or could have been raised in that action.” Allen v. McCurry, 449 U.S. 90, 94, 101 S.Ct. 411, 66 L.Ed.2d 308 (1980) (citation omitted). The doctrine of res judicata, however, ought not to be confused with collateral estoppel, where “once a court has decided an issue of fact or law necessary to its judgment, that decision may preclude relitigation of the issue in a suit on a different cause of action involving a party to the first case.” Id. (citation omitted).3 “Res judicata, when the suit is between the same parties and concerns the .same operative nucleus of fact, is of broader scope [than collateral estoppel] and bars issues even if unlitigat-ed.” Lovely v. Laliberte, 498 F.2d 1261, 1263 (1st Cir.1974), cert. denied 419 U.S. 1038, 95 S.Ct. 526, 42 L.Ed.2d 316 (emphasis added). Hence, res judicata precludes claims in their entirety, even if the subsequent claim raises issues that were not raised in the previous one. Figueroa v. Banco De San Juan, 108 D.P.R. 680, 687 (1979) citing Mercado Riera v. Mercado Riera Y Otros, 100 D.P.R. 940 (1972).

Even if a judgment’s rationale is erroneous, res judicata continues to be a valid defense weapon in a litigant’s arsenal as long as said judgment was entered by a court exercising proper jurisdiction in the absence of fraud. Aponte Caratini v. Román Torres, 98 TSPR 53, 1998 WL 385407, *17 (1998) (citation omitted). See also Marrero Albino v. Vazquez Egean, 1994 WL 909229, *1 (94 JTS 18, February 24, 1994) (res judicata not applicable when the court acted without jurisdiction).

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Bluebook (online)
47 F. Supp. 2d 174, 1999 U.S. Dist. LEXIS 3065, 1999 WL 150489, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oficinas-medicas-inc-v-carmen-feliciano-de-melecio-prd-1999.