Bray v. Bon Secours Mercy Health, Inc.

Court: US Court of Appeals for the Sixth Circuit

Docket: 23-3357

Opinion Date: March 29, 2024

Judge: Gibbons

Areas of Law: Civil Procedure, Government & Administrative Law, Medical Malpractice, Personal Injury

A medical malpractice lawsuit was filed by Dwan and Aaron Bray, individually and on behalf of their minor child, against Dr. Timothy J. Thress and various other medical entities. The suit, which was initially filed in state court, related to alleged negligence in Dwan Bray's prenatal care and the subsequent birth of their child. However, Thress was employed by a federally funded health center during his treatment of Bray. Under the Federally Supported Health Centers Assistance Act (FSHCAA), the lawsuit was removed to federal court and the United States was substituted as the defendant.

The U.S. government moved to dismiss the case, arguing that the plaintiffs failed to satisfy the Federal Tort Claims Act’s (FTCA) administrative exhaustion requirement. The plaintiffs countered by moving to remand the action to state court, arguing that the FSHCAA did not apply. The district court denied both of plaintiffs’ motions, finding the FSHCAA applicable and any attempt to amend plaintiffs’ complaint futile. The district court dismissed plaintiffs’ FTCA claim without prejudice and remanded plaintiffs’ claims against the remaining defendants to state court. The plaintiffs appealed the district court’s denial of their motion to remand and its dismissal of their FTCA claim.

The U.S. Court of Appeals for the Sixth Circuit affirmed the district court's decisions. It held that Thress's conduct was covered by the FSHCAA, and that the plaintiffs' attempts to amend their complaint were futile since they had failed to exhaust their administrative remedies under the FTCA before instituting the lawsuit.

Emergency Physicians of Tidewater v. Hanger

Court: Supreme Court of Virginia

Docket: 230199

Opinion Date: April 4, 2024

Areas of Law: Civil Procedure, Medical Malpractice, Personal Injury

Patricia Hanger filed a medical malpractice lawsuit against Dr. Allison L. Raines and Emergency Physicians of Tidewater, PLC, alleging that they negligently failed to treat her low blood sodium, leading to a seizure and a subsequent fall that resulted in a traumatic brain injury. The defendants argued that the fall could have been caused by other means. A jury sided with Hanger and awarded her $1.6 million, a decision that was affirmed by the Court of Appeals.

The Court of Appeals had to decide whether the trial court erred in refusing a jury instruction supporting the defendants' theory of the case. The Court of Appeals held that this question was waived. The defendants argued that they did not waive their right to appeal this question and that they were entitled to the issuance of their proffered jury instruction.

The Supreme Court of Virginia disagreed with the Court of Appeals, concluding that the defendants did not waive their argument. The Supreme Court found that the defendants had preserved their objection to the trial court's refusal to issue the jury instruction and had adequately briefed the matter before the Court of Appeals and the Supreme Court. The Supreme Court ruled that the trial court's failure to issue the jury instruction was reversible error and that the Court of Appeals also erred in declining to rule on the matter. The case was reversed and remanded to the Court of Appeals to enter a mandate to the trial court consistent with the opinion.