Xicohtencatl v. USA et al

Filing 8

RULING granting 7 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Peter C. Dorsey on 10-11-11. (Miller, K.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT

YOLANDA XICOHTENCATL
Plaintiff,
v.
UNITED STATES OF AMERICA and
YALE NEW HAVEN HOSPITAL
Defendants.

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3:11-cv-01032(PCD)

RULING ON MOTION TO DISMISS
Defendant Yale New Haven Hospital [the “Hospital”] has moved, pursuant to Rule
12(b)(2) of the Federal Rules of Civil Procedure, to dismiss Plaintiff Yolanda Xicohtencatl’s
medical malpractice claim against it. The Hospital asserts that the claim should be dismissed on
the ground that the Court lacks personal jurisdiction over it because the plaintiff failed to comply
with the requirements of Conn. Gen. Stat. § 52-190a.
Plaintiff has not filed a certificate of good faith with an attached supportive report by a
qualified health care provider, which is required to commence a medical malpractice action in
Connecticut. See Conn. Gen. Stat. § 52-190a. Section 52-190a explicitly provides that the
“failure to obtain and file the written opinion required by subsection (a) of this section shall be
grounds for the dismissal of the action.” Id. § 52-190a(c). See also Williams v. Nat'l R.R.
Passenger Corp., 16 F. Supp. 2d 178, 181 (D. Conn. 1998); Anghel v. St. Francis Hosp. & Med.
Ctr., No. Civ. 303CV00864 (AWT), 2005 WL 736837, at *5 (D. Conn. March 30, 2005) (“To
bring a claim for medical malpractice, a plaintiff also must provide the certificate of good faith
required by Connecticut General Statutes section 52-190a.”). Because Plaintiff has failed to
obtain and file a certificate of good faith, any claim of medical malpractice raised in the

Complaint must be dismissed. Accordingly, the Hospital’s Motion to Dismiss [Doc. No. 7] is
granted.
SO ORDERED.
Dated at New Haven, Connecticut, October 11 , 2011.

/s/
Peter C. Dorsey
United States District Judge