Second Circuit – Medical malpractice: Kelly v. Richford Health Ctr. Inc.

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United States Court of Appeals for the Second Circuit

Medical malpractice — Federal employee — Subject matter jurisdiction

Kelly v. Richford Health Ctr. Inc.

23-344-cv

Judges Calabresi, Cabranes, and Lohier

Background: The defendant appealed from an order remanding a medical malpractice case against them to state court. The plaintiff alleged that the negligent treatment that he received paralyzed him. The United States intervened to remove the case to federal court on the ground that the defendant is a federal employee under the Federally Supported Health Centers Assistance Act.

Ruling: The Second Circuit affirmed. The court held that it was proper to remand as the district court lacked subject matter jurisdiction because the FSHCAA did not apply to the treatment the plaintiff received. The plaintiff was not a patient of the entity but rather a patient of the entity’s doctor.

Matthew Sidney Freedus, of Feldesman Tucker Leifer Fidell, for the appellants; Vincent Illuzzi for the plaintiffs-appellees; Kaveh Shahi, of Cleary Shahi & Aicher, for the defendants-appellees and defendant-cross-claimant-appellee.

Oral argument audio