Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

IRBY-TURNER v. PLAINFIELD HEALTH CENTER

United States District Court, D. New Jersey


June 13, 2005.

LILLIAN IRBY-TURNER, et. al., Plaintiffs,
v.
PLAINFIELD HEALTH CENTER, et al.

The opinion of the court was delivered by: FAITH HOCHBERG, District Judge

OPINION & ORDER

This matter having come before the Court upon the United States', substituted Defendant for Plainfield Health Center and Dr. Susan Walsh, Motion to Dismiss for Failure to Exhaust Administrative Remedies, and the Court having considered the submissions of the parties in accordance with Fed.R.Civ.P. 78, and

it appearing that Plaintiffs commenced this action in Union County Superior Court alleging medical malpractice against the Plainfield Health Center, Dr. Susan Walsh and Dr. Chaundry, and Dr. Charles A. Leff, and

  it appearing that because the Plainfield Health Center is the recipient of federal funds and because Dr. Susan Walsh is an employee of Plainfield Health Center acting within the scope of her employment, the Federal Tort Claims Act ("FTCA") is the exclusive remedy for medical malpractice claims, and

  it appearing that this matter was removed to the United States District Court for the District of New Jersey on January 6, 2005 pursuant to 28 U.S.C. § 2679, and it appearing that the FTCA requires Plaintiff to exhaust her administrative remedies before bringing a medical malpractice claim in federal court,*fn1 and

  it appearing that

IT IS on this __th day of June, 2005,
  ORDERED that Defendants' Motion to Dismiss with prejudice as to the United States, the substituted Defendant for Plainfield Health Center and Dr. Susan M. Walsh, is GRANTED, and it is further

  ORDERED that the case is remanded to the Superior Court of New Jersey, Union County Superior Court — Law Division.


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.