Lisa M. Wilcox Plaintiff- Appellant
United States of America; Lake Regional Health System; Richland Medical Center, LLC; Robert C. Nielsen, M.D.; Russell Johnson, M.D. Defendants - Appellees
Submitted: November 15, 2017
from United States District Court for the Western District of
Missouri - Jefferson City.
COLLOTON and GRUENDER, Circuit Judges, and HOLMES,  District
HOLMES, District Judge.
Wilcox appeals the judgment of the district
court granting the United States' motion to
substitute parties and motion to dismiss, and Lake Regional
Health Systems' (Lake Regional) motion for summary
judgment. We affirm.
28, 2013, Wilcox filed a petition in the Circuit Court of
Camden County, Missouri alleging negligence against Dr.
Robert Nielsen and Dr. Russell Johnson after they allegedly
failed to diagnose her cancer. Wilcox added Lake Regional, a
non-profit hospital, and Richland Medical Center (Richland),
a federally supported health center, as defendants based on
their alleged vicarious liability for the actions of Nielsen
and Johnson. On January 8, 2014, Wilcox's case was
dismissed, without prejudice, because she was unable to
produce affidavits of merit required by Missouri law.
refiled her petition against the same parties in the Circuit
Court of Camden County on January 5, 2015, and amended it on
June 19, 2015.
filed a Federal Tort Claims Act claim with the Department of
Health and Human Services on January 5, 2016.
February 12, 2016, the United States filed a notice of
removal. On February 18, 2016, the United States filed a
notice of substitution of the United States as the proper
party-defendant in place of Nielsen, Johnson, and Richland.
March 3, 2016, the United States filed a motion to dismiss
based on Wilcox's failure to timely file her
4, 2016, Lake Regional filed a motion for summary judgment
arguing that Nielsen and Johnson were not employees of Lake
September 8, 2016, the district court granted the United
States' motion to substitute parties and its motion to
dismiss. On October 12, 2016, the district court ...