Quinones v. United States

556 F. Supp. 2d 71, 2008 WL 2245000
CourtDistrict Court, D. Puerto Rico
DecidedMay 21, 2008
DocketCivil No. 07-1438 (JP)
StatusPublished

This text of 556 F. Supp. 2d 71 (Quinones v. United States) 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
Quinones v. United States, 556 F. Supp. 2d 71, 2008 WL 2245000 (prd 2008).

Opinion

556 F.Supp.2d 71 (2008)

Cesar QUINONES, Plaintiff
v.
UNITED STATES of America, Defendant.

Civil No. 07-1438 (JP).

United States District Court, D. Puerto Rico.

May 21, 2008.

*72 Ariel O. Caro-Pérez, Esq., Guaynabo, PR, for Plaintiff.

Isabel Muñoz-Acosta, Esq., U.S. Attorney's Office, District of P.R. Torre Chardon, San Juan, PR, for Defendant.

OPINION AND ORDER

JAIME PIERAS, JR., Senior District Judge.

Before the Court is a motion for summary judgment (No. 20) filed by Defendant United States of America ("United States"), an opposition thereto filed by Plaintiff César Quiñones ("Quiñones") (No. 23), a reply filed by Defendant United States (No. 28), and a surreply filed by Plaintiff (No. 31).

Plaintiff Quinones brought the instant case under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. Sec. 2671, et seq., against the United States for an alleged misdiagnosis dating back to 1968, when the United States Veterans' Administration Hospital diagnosed Plaintiff with Schizophrenic Reaction Undifferentiated Type ("schizophrenia"). Plaintiff alleges that he was treated for schizophrenia until August of 2006, when he requested a copy of his medical records and determined that his mental condition was not in fact schizophrenia, but Post Traumatic Stress Disorder ("PTSD") and depression. Plaintiff alleges that as a result of being treated for the wrong condition, he has suffered physical damages, a deterioration of his mental condition, and negative social stigma.

Defendant United States moves for summary judgment on the basis of untimeliness. Defendant argues that although Plaintiffs medical record includes a diagnosis of schizophrenia in the 1960s, said record clearly indicates that, as early as 1983, Plaintiffs treating physicians acknowledged that he presented signs and symptoms of PTSD, and that Plaintiff was so informed. Further, Plaintiff was not thereafter treated for schizophrenia, and it was only mentioned in his medical records as a diagnosis by history. As such, Defendant argues that Plaintiffs claim, which he did not present to the relevant agency until May 30, 2006, is time-barred.

For the reasons stated herein, Defendant United States' motion for summary judgment (No. 20) is GRANTED.

I. STANDARD FOR SUMMARY JUDMENT

Summary judgment serves to assess the proof to determine if there is a genuine need for trial. Garside v. Osco Drug, Inc., 895 F.2d 46, 50 (1st Cir.1990). Under Rule 56(c) of the Federal Rules of Civil Procedure, summary judgment is appropriate when "the record, including the pleadings, depositions, answers to interrogatories, admissions on file, and affidavits, viewed in the light most favorable to the nonmoving party, reveals no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c); see also Zambrana-Marrero v. Suárez-Cruz, 172 F.3d 122, 125 (1st Cir.1999) (stating that summary judgment is appropriate when, after evaluating the record in the light most favorable to the non-moving party, the evidence "fails to yield a trial worthy issue as to some material fact"); Goldman v. First Nat'l Bank of Boston, 985 F.2d 1113, 1116 (1st Cir.1993); Canal Ins. Co. v. Benner, 980 F.2d 23, 25 (1st Cir.1992). The Supreme Court has stated that "only disputes over facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgment. Factual disputes that are irrelevant or unnecessary will not be counted." Anderson v. Liberty *73 Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). In this way, a fact is material if, based on the substantive law at issue, it might affect the outcome of the case. See Mack v. Great Atl. and Pac. Tea Co., Inc., 871 F.2d 179, 181 (1st Cir.1989).

In a summary judgment motion, the movant bears the burden of "informing the district court of the basis for its motion and identifying those portions of the [record] which it believes demonstrate the absence of a genuine issue of material fact." Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). Once the movant meets this burden, the burden shifts to the opposing party who may not rest upon mere allegations or denials of the pleadings, but must affirmatively show, through the filing of supporting affidavits or otherwise, that there is a genuine issue of material fact for trial. See Anderson, 477 U.S. at 248, 106 S.Ct. 2505; Celotex, 477 U.S. at 324, 106 S.Ct. 2548; Goldman, 985 F.2d at 1116.

II. MATERIAL FACTS NOT IN GENINE ISSUE OR DISPUTE

The following facts were deemed uncontested by the parties hereto at the Initial Scheduling Conference held on November 6, 2007.

1. Plaintiff Quinones was a medic in the Vietnam War for two years and four months in the B Company, 9th Medical Battalion, 9th Infantry Division.
2. As a consequence of his participation in the war, Plaintiff experienced mental and emotional distress that required medical attention.
3. Around 1968, Plaintiff was hospitalized in a Veterans' Administration Hospital in San Juan, Puerto Rico, with a diagnostic of Schizophrenic Reaction Undifferentiated Type.
4. Plaintiff began to receive treatment at the San Juan Veterans Medical Center ("SJVAMC") in 1968.
5. In 1969, he was hospitalized again at the SJVAMC.
6. On December 19, 1986, Plaintiff was treated for aggressiveness, anxiety and belligerent and irritable conduct at the SJVAMC. He was assessed with chronic schizophrenic disorder.
7. On February 24, 1987, Plaintiff went to the SJVAMC with symptoms of anxiety and restlessness. The assessment was chronic neuropsychiatric condition.
8. On August 18, 1993, he was admitted to the SJVAMC and diagnosed with insomnia, episodes of memory loss, depression, and angry outbursts with fear of losing control.
9. The assessment of PTSD was made on September 23, 1993.
10. By March 5, 1994, the diagnosis of PTSD was maintained.
11. From 1994 to 1998, Plaintiff was not admitted to the SJVAMC.
12. On December 7, 1998, Plaintiff was brought to the Emergency Room at the SJVAMC with suicidal intentions.
13. Plaintiff was admitted to the Emergency Room with a diagnosis of PTSD and Major Depressive Disorder.
14.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. Kubrick
444 U.S. 111 (Supreme Court, 1979)
Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (Supreme Court, 1986)
Irwin v. Department of Veterans Affairs
498 U.S. 89 (Supreme Court, 1991)
Skwira v. United States
344 F.3d 64 (First Circuit, 2003)
Callahan v. United States
426 F.3d 444 (First Circuit, 2005)
Milissa Garside v. Osco Drug, Inc.
895 F.2d 46 (First Circuit, 1990)
Robert Goldman v. First National Bank of Boston
985 F.2d 1113 (First Circuit, 1993)
Zasha Zambrana-Marrero v. Carlos Suarez-Cruz
172 F.3d 122 (First Circuit, 1999)
Quiñones v. United States
556 F. Supp. 2d 71 (D. Puerto Rico, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
556 F. Supp. 2d 71, 2008 WL 2245000, Counsel Stack Legal Research, https://law.counselstack.com/opinion/quinones-v-united-states-prd-2008.