Palacios et al v. United States Department of Health and Human Services

Filing 28

ORDER granting 22 Motion for Permission to File First Amended Complaint. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

MARIO PALACIOS and MARIA PALACIOS,
Case No. 13-14845
Plaintiffs,
Honorable John Corbett O’Meara
v.
UNITED STATES OF AMERICA,
Defendant.
/
ORDER GRANTING
PLAINTIFF’S MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT
This matter came before the court on Plaintiffs’ July 8, 2014 Motion for Permission to File
First Amended Complaint. The government filed a response July 22, 2014. No reply was filed, and
no oral argument was heard.
This is a medical malpractice case arising under the Federal Tort Claims Act. In their
complaint plaintiffs Mario and Maria Palacios alleged causes of action under both a traditional
malpractice causation theory and a “loss of opportunity” causation theory. Plaintiffs now seek to
amend the complaint to allege claims only under the traditional malpractice causation theory.
The government contends that allowing Plaintiffs to amend the complaint would cause
substantial prejudice because it has been “consulting experts on causation and damages, and
expending considerable resources . . . .” Resp. br. at 4. Allowing amendment would require the
government to “reexamine its experts, and possibly retain new ones to defend against the new
causation theory plaintiff is attempting to assert . . . .” Id.

However, the case was filed only about six months ago. Expert discovery was recently
extended to December 31, 2014. See Stipulated order July 17, 2014. Finding no substantial
prejudice to the defendant, the court will grant Plaintiffs’ motion to amend.
ORDER
It is hereby ORDERED that Plaintiffs’ July 8, 2014 Motion for Permission to File First
Amended Complaint is GRANTED.

s/John Corbett O'Meara
United States District Judge
Date: August 18, 2014

I hereby certify that a copy of the foregoing document was served upon counsel of record on
this date, August 18, 2014, using the ECF system.

s/William Barkholz
Case Manager

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