Camerano v. Woo et al.

Filing 20

Judge F. Dennis Saylor, IV: ORDER entered. Order on Plaintiff's Motion to Amend and the Government's Motion to Substitute Itself as the Proper Defendant. (Pezzarossi, Lisa)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
_____________________________________
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PETER CAMERANO, as Personal
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Representative of the Estate of Patrick
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Camerano,
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Plaintiff,
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v.
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UNITED STATES of AMERICA,
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Defendant.
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_____________________________________)

Civil Action No.
15-13075-FDS

ORDER ON PLAINTIFF’S MOTION TO AMEND AND THE GOVERNMENT’S
MOTION TO SUBSTITUTE ITSELF AS THE PROPER DEFENDANT
SAYLOR, J.
This is an action for wrongful death. Plaintiff Peter Camerano contends that in 2012, his
father sustained injuries and died while a resident at East Boston Neighborhood Health Center.
Plaintiff filed a complaint on August 3, 2015, naming East Boston Neighborhood Health Center
Corp. (as well as “East Boston Neighborhood Health Center”), and employees James Pedulla,
Diane Maraio, Pamela Woo, Michelle Stimpson, and Nancy Seigal as individual defendants. On
November 18, 2015, plaintiff moved to amend the complaint to add the United States of America
as a party defendant. The amended complaint includes the employees as named defendants.
On November 24, 2015, the government moved to substitute the United States of
America as the proper party defendant and dismiss the individual defendants. The government
contends that at the time of the alleged incidents, the East Boston Neighborhood Health Center
was a federally-supported health care center. With its motion, the government filed a
certification by the United States Attorney stating that the five individual defendants were

employees of the Department of Health and Human Services at the time of the alleged incidents
and were acting in the course and scope of their employment pursuant to the Federally Supported
Health Care Centers Assistance Act of 1992. 42 U.S.C. § 233(a).
The “exclusiveness of remedy” provision of the Federal Tort Claims Act provides that:
Upon certification by the Attorney General that the defendant employee was
acting within the scope of his office or employment at the time of the incident out
of which the claim arose, any civil action or proceeding commenced upon such
claim in a United States district court shall be deemed an action against the United
States under the provisions of this title and all references thereto, and the United
States shall be substituted as the party defendant.
28 U.S.C. § 2679(d)(1). At the time of the incidents out of which plaintiff’s negligence claims
arise, the East Boston Neighborhood Health Center was a federally-supported health care center,
and, according to the United States Attorney’s certification, the five individual defendants were
acting within the scope of their employment at that facility. Therefore, plaintiff’s claims for
negligence fall within the FTCA and his exclusive remedy is against the United States of
America.
Accordingly, the government’s motion to substitute the United States of America as the
proper party defendant is GRANTED, the plaintiff’s motion to amend the complaint is
GRANTED, and the claims against the individual defendants are hereby DISMISSED without
prejudice.
So Ordered.

/s/ F. Dennis Saylor
F. Dennis Saylor IV
United States District Judge
Dated: February 8, 2016

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