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Wilcox v. United States

United States Court of Appeals, Eighth Circuit

February 5, 2018

Lisa M. Wilcox Plaintiff- Appellant
v.
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

         Appeal from United States District Court for the Western District of Missouri - Jefferson City.

          Before COLLOTON and GRUENDER, Circuit Judges, and HOLMES, [1] District Judge.

          HOLMES, District Judge.

         Lisa Wilcox appeals the judgment of the district court[2] 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.

         I.

         On June 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.

         Wilcox 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.

         Wilcox filed a Federal Tort Claims Act claim with the Department of Health and Human Services on January 5, 2016.

         On 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.

         On March 3, 2016, the United States filed a motion to dismiss based on Wilcox's failure to timely file her administrative claims.

         On May 4, 2016, Lake Regional filed a motion for summary judgment arguing that Nielsen and Johnson were not employees of Lake Regional.

         On 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 ...


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