Mark A. Crozier v. Valley Health Team, Inc., et al.

Summary

The document contains Findings and Recommendations recommending dismissal of Mark A. Crozier’s pro se action against Valley Health Team, Inc. arising from alleged negligent dental treatment. The court concluded that the complaint plausibly alleged medical negligence but failed to adequately establish timely exhaustion of administrative remedies and timely filing under the Federal Tort Claims Act, 28 U.S.C. § 2401(b), or entitlement to equitable tolling. The parties were given fourteen days to file objections.

Holdings

1. Liberally construed, the third amended complaint stated a cognizable claim for medical negligence or malpractice.
2. The United States is the only proper defendant in an FTCA action; Valley Health Team, Inc. was not a proper FTCA defendant.
3. The complaint did not adequately allege timely presentation of an administrative claim within two years after accrual as required by 28 U.S.C. § 2401(b).
4. The complaint did not adequately allege that the action was filed within six months after notice of final administrative denial, as required by 28 U.S.C. § 2401(b).
5. Plaintiff's conclusory allegations that he did not receive a response from HHS and that the lack of response was not his fault were insufficient to establish equitable tolling.

Questions Presented

1. Whether the third amended complaint stated a cognizable medical-negligence or malpractice claim.
2. Whether the complaint adequately alleged that Plaintiff timely presented an administrative FTCA claim within two years after accrual.
3. Whether the complaint adequately alleged that the action was filed within six months after notice of final administrative denial.
4. Whether Plaintiff adequately alleged facts supporting equitable tolling of either FTCA deadline.
5. Whether Valley Health Team, Inc. was a proper defendant in an FTCA action.

Disposition

dismissed