Camerano v. United States, No. 16-2025 (1st Cir. 2017)Annotate this Case
Patrick Camerano died after suffering a fall while on a “respite/nursing stay” at a facility operated by East Boston Neighborhood Health center (EBNHC). Plaintiff, Patrick’s son, sent a letter styled as a “claim” to the United States Department of Health and Human Services (HHS) alleging state common law and federal statutory violations and seeking $1,700,000 in damages for Patrick’s alleged wrongful death. The district court granted summary judgment to the government, concluding (1) Plaintiff’s tort claims against EBNHC are considered tort claims against the United States, which was subject to a two-year limitations period; and (2) Plaintiff did not file his administrative complaint with HHS until more than two years after learning that his father had suffered a fatal injury caused by a fall. The First Circuit affirmed, holding (1) Plaintiff’s arguments that his claim did not accrue until his newly retained counsel was able to ascertain the name of the respite/nursing home where his father’s accident happen failed; (2) Plaintiff’s argument that the two-year limitations period should be equitably tolled also failed; and (3) the district court did not commit procedural error in granting summary judgment to the government.