Thomas v. Albany Area Primary Healthcare Inc., No. 19-11187 (11th Cir. 2020)Annotate this Case
Plaintiffs filed a medical malpractice suit against AAP and several other defendants. Under the Federally Supported Health Care Assistance Act of 1999 (FSHCAA), 42 U.S.C. 233, the government removed the case to federal district court. The government sought to have the United States substituted as the defendant and the suit converted to an action under the Federal Tort Claims Act (FTCA). Then the government acknowledged that its section 233 scope-of-employment certification was in error, withdrew the certification, and stipulated to the remand of the case to state court. The district court then remanded the case for lack of subject matter jurisdiction. Defendants Dr. Tolliver and AAP Healthcare appealed, seeking review of the district court's order remanding the case.
The Eleventh Circuit held that 28 U.S.C. 1447(d) precludes the court from reviewing the district court's order remanding this action to state court for lack of subject matter jurisdiction. Accordingly, the court dismissed the appeal for lack of jurisdiction.