Minutes | Filed: April 30, 2026
| Entered: May 01, 2026
Espinoza v. Chuang, MD et al
Personal Inj. Med. Malpractice | New York Eastern
Pre Motion Conference ~Util - Terminate Civil Case
Minute Entry and Order: Pre-Motion Conference held before Judge Ann M. Donnelly on 4/30/2026. Jonathan Rapport appeared for the plaintiff. Logan Gowdicott appeared for Defendant Meleen Chuang, MD, and Seema Palmerson appeared for Defendant NYU Langone Hospital - Brooklyn. Case called. Discussion held.
As discussed, because the plaintiff did not present her claim to the appropriate federal agency as required by the Federal Tort Claims Act ("FTCA"), the Court does not have subject matter jurisdiction over the tort claims against Defendant Meleen Chuang, MD. See 28 U.S.C. § 2675(a); Celestine v. Mount Vernon Neighborhood Health Ctr., 289 F. Supp. 2d 392, 399 (S.D.N.Y. 2003) ("The requirement that an administrative claim be filed and finally denied 'is jurisdictional and cannot be waived.'" (quoting Keene Corp. v. United States, 700 F.2d 836, 841 (2d Cir.1983) and collecting cases)), aff'd, 403 F.3d 76 (2d Cir. 2005). Accordingly, the plaintiff's claims against Defendant Meleen Chuang, MD are dismissed without prejudice for lack of subject matter jurisdiction and for the purpose of exhausting her administrative remedies. Under the FTCA, in these circumstances, the plaintiff has sixty days from the date of this dismissal to present her claim to the United States Department of Health and Human Services and six months from the denial of her claim to recommence the lawsuit. See Valdez ex rel. Donely v. United States, 518 F.3d 173, 176-77 (2d Cir. 2008) (citing 28 U.S.C. § 2679(d)(5)). In the Second Circuit, because the plaintiff filed her state action within the New York statute of limitations, a future court may find that a future FTCA action brought by the plaintiff is equitably tolled and timely based on the diligence-discovery rule of accrual. See id. at 177-78, 185 ("[T]he statute of limitations does not accrue until the plaintiff knew or should have known that the cause of his injury was related to medical treatment for which the government was responsible.") (citation omitted); see also Celestine, 403 F.3d at 84.
In addition, the parties agree that Defendant NYU Langone Hospital Brooklyn is not covered by the FTCA for the purposes of this case, and the case should be remanded to Kings County Supreme Court. Accordingly, the Court remands the action against Defendant NYU Langone Hospital Brooklyn to the state court.
The case is dismissed as to Defendant Meleen Chuang, MD, and the remaining action as to Defendant NYU Langone Hospital is remanded back to the Kings County Supreme Court. (Court Reporter Sophie Nolan.) (DG)