Williams v. United States

CourtDistrict Court, N.D. Illinois
DecidedJune 20, 2025
Docket1:24-cv-05043
StatusUnknown

This text of Williams v. United States (Williams v. United States) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Williams v. United States, (N.D. Ill. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

MARY WILLIAMS and ANTWAN TAYLOR, SR., as parents, natural guardians, and next friends of A.T., a minor child,

Plaintiffs, Case No. 24 CV 5043

v. Judge Georgia N. Alexakis

UNITED STATES OF AMERICA,

Defendant.

MEMORANDUM OPINION AND ORDER In March 2021, plaintiff Mary Williams gave birth to her son, A.T., at Saint Anthony Hospital in Chicago, Illinois. Shortly after he was born, doctors diagnosed A.T. with a severe brachial plexus injury. Mary Williams and Antwan Taylor, Sr., as parents, natural guardians, and next friends of A.T., bring this suit against the United States, alleging that the doctor who delivered A.T. negligently caused his injury and that the government is liable under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346, 2671 et seq. The government has moved to dismiss the suit on timeliness grounds. For the reasons discussed below, the Court denies the government’s motion. LEGAL STANDARD To survive a Rule 12(b)(6) motion to dismiss, a complaint must contain a “short and plain statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). A complaint need only contain factual allegations that, accepted as true, are sufficient to “state a claim to relief that is plausible on its face.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). A claim is plausible “when the plaintiff pleads factual content that allows the

court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. (citing Twombly, 550 U.S. at 556). The allegations “must be enough to raise a right to relief above the speculative level.” Twombly, 550 U.S. at 555. At the pleading stage, the Court must “accept all well-pleaded factual allegations as true and view them in the light most favorable to the plaintiff,” as it does in the background section that follows. See Lavalais v. Vill. of Melrose Park, 734 F.3d 629, 632 (7th Cir. 2013). But “allegations in the form of legal conclusions are

insufficient.” McReynolds v. Merrill Lynch & Co., 694 F.3d 873, 885 (7th Cir. 2012). “Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.” Iqbal, 556 U.S. at 678. BACKGROUND From October 2020 to March 2021, while pregnant with A.T., Mary Williams received routine prenatal care from Lawndale Christian Health Center. [1] ¶ 48.

Lawndale is a federally qualified health center that receives federal funding from the United States Public Health Service (“PHS”) pursuant to 42 U.S.C. § 254b. Id. ¶ 4. At 11:49 p.m. on March 21, 2021, Dr. Kara Greeley delivered A.T. at Saint Anthony Hospital. Id. ¶¶ 38, 55–71. During his delivery, A.T. suffered a shoulder dystocia injury. Id. ¶¶ 68, 70–71. The day after he was born, after experiencing seizure-like activity, A.T. was transferred from Saint Anthony Hospital to the neonatal intensive care unit at the University of Chicago’s Comer Children’s Hospital where he was observed for

shoulder dystocia and “abnormal arm movements.” Id. ¶¶ 75–76. A subsequent brain MRI revealed findings in the nerve roots of A.T.’s cervical and thoracic spine indicating “possible avulsion injury in the setting of recent childbirth.” Id. ¶ 78. Upon his discharge from Comer Children’s Hospital on April 4, 2021, A.T. was diagnosed with “brachial plexopathy/extraforaminal meningocele with no movement or pain response in his left upper extremity.” Id. ¶ 80. After visits to an orthopedic surgeon and additional testing, on May 12, 2021,

A.T. was seen by a neurosurgeon who diagnosed him with left pan-brachial plexus injury and Horner’s syndrome. Id. ¶¶ 81–83. More visits and tests followed. Id. ¶¶ 84–85. During a September 8, 2021 visit, the neurosurgeon indicated that “A.T.’s injury is severe and will require surgery.” Id. ¶ 86. Since then, “A.T. has undergone extensive physical and occupational therapy as well as operative care and treatment,” which plaintiffs allege “are the result of the brachial plexus injury he suffered during

his birth.” Id. ¶ 87. In March 2023, plaintiffs filed suit against Dr. Greeley, Saint Anthony Hospital, Saint Anthony Hospital Foundation, Saint Anthony PHO, LLC, OBHG Illinois, S.C., and Michele Bucciero, M.D. in the Circuit Court of Cook County. Id. ¶ 17; see also Williams v. Saint Anthony Hosp. et al., No. 23 CV 4733, [1-1] (N.D. Ill.). Because Dr. Greeley was an employee of an entity receiving federal funds, the government removed the case to federal court in accordance with the Public Health Service Act (“PHSA”), 42 U.S.C. § 233(c),1 and substituted itself as a defendant, [1] ¶ 19; see also Williams, No. 23 CV 4733, [1] ¶ 4. Upon learning that Dr. Greeley is

deemed a PHS employee, plaintiffs sent a Notice of Claim to the U.S. Department of Health and Human Services (“HHS”), which HHS received on July 5, 2023. [1] ¶ 18. Once in federal court, the government moved to dismiss for failure to exhaust administrative remedies pursuant to 28 U.S.C. § 2675(a) because plaintiffs had not yet received a final decision on the claims from HHS. [1] ¶ 19; see also Williams, No. 23 CV 4733, [4]. The district court granted the government’s motion in October 2023 and dismissed the case without prejudice. [1] ¶ 22; see also Williams, No. 23 CV 4733,

[22] at 8. Plaintiffs then sent a second Notice of Claim to HHS, which was received on November 14, 2023. [1] ¶ 23. HHS denied plaintiffs’ claims by letter on January 31, 2024, citing them as untimely under the FTCA’s two-year statute of limitations. Id. ¶ 26; see also [1-4] at 2–3. Plaintiffs filed the present complaint against the United States on June 28, 2024, this time having exhausted their administrative remedies with a final

determination from HHS. See generally [1]; see also [1-4] at 2–3. The government moved to dismiss the suit in September 2024. [7]. During a status hearing later that

1 The Federal Supported Health Centers Assistance Act (“FSHCAA”) “allows public or non- profit private entities receiving funds under federal health grant programs (as well as their officers, employees, and contractors) to be ‘deemed’ PHS entities or employees.” See Evans v. United States, 132 F.4th 473, 478 (7th Cir. 2025) (citing 42 U.S.C. § 233(g)(1) and 42 U.S.C. § 254b). Once deemed PHS employees, these employees are immune from suit and the government must defend any action against them. See 42 U.S.C. § 233(a)–(b). Section 233(c) further provides that such suits “shall be removed” to federal court. See 42 U.S.C. § 233(c). This is the case here.

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Williams v. United States, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-united-states-ilnd-2025.