Federal District Court Finds United States Entitled To Charitable Immunity Cap In Massachusetts Medical Malpractice Case

Underlying Facts

United States Entitled To Charitable Immunity Cap In Massachusetts Malpractice Case: Since at least 2012, Paula Meador was a patient at Greater Gardner Community Health Center (“GGCHC”), which is located in Worcester County, Massachusetts. GGCHC is a location of Community Health Connection, Inc. (“CHC”), an FTCA-deemed facility within the meaning of 42 U.S.C. § 233(g), headquartered in Fitchburg, Massachusetts.

Between March 28, 2016 and March 16, 2019, Paula’s primary care physician at CHC, Dr. Kim Houde (“Dr. Houde”), prescribed her lithium carbonate to treat her bipolar disorder. On March 16, 2019, Paula’s husband, Thomas, found her slumped over and unconscious. Paula was rushed to the hospital and diagnosed with acute lithium toxicity due to elevated levels of lithium in her blood. She never recovered and died on June 15, 2019.

Plaintiffs Kenneth Meador (“Kenneth”), as the personal representative of the estate of Paula Meador, and Thomas Meador (“Thomas”) filed a lawsuit against the United States of America under the Federal Tort Claims Act (“FTCA”), 28
U.S.C. § 1346(b), for wrongful death (Count I) and loss of consortium (Count II) resulting from the alleged medical negligence of a United States employee. Plaintiffs alleged that but for Dr. Houde’s failure to monitor Paula’s lithium levels properly, Paula would not have suffered from acute lithium toxicity resulting in her death.

Under federal law, Dr. Houde is immune from suit and the United States substituted itself as the sole defendant. 42 U.S.C. §§ 233 and 254b. Under Massachusetts law, plaintiffs may not recover more than $100,000 for medical malpractice claims against nonprofit organizations that provide health care. Mass. Gen. L. c. 231 § 85K. The
government contended that this statute caps any recovery for liability in this case.

The United States moved for partial summary judgment on its defense that it is covered by the Massachusetts charitable corporation tort cap statute, citing 28 U.S.C. Section 1346(b), arguing that the liability cap applies because the government’s role as a substituted defendant is analogous to that of a private employer, in this case a private hospital, under a theory of respondeat superior.

The United States District Court for the District of Massachusetts stated in its June 28, 2023 Memorandum and Order that if the terms “private person” in Section 1346(b) and “private individual” in Section 2674 include employers, as the government argued, then the liability cap would apply because “under like circumstances,” the private employer analogous to a government hospital is CHC, a private hospital and a non-profit organization covered by Massachusetts’ statutory cap. On the other hand, if these terms include only natural persons, as Plaintiffs argued, then the liability cap would not apply because the United States would be stepping into the shoes of Dr. Houde, who is not covered by the cap (Mass. Gen. L. c. 231 § 85K provides that the cap only applies to nonprofit organizations).

The federal district court judge stated: “The Court agrees with the United States that the text of the FTCA best supports the interpretation that it has stepped into the shoes of a private employer. The language of Section 1346(b) is plainly “couched in the language of an employer’s respondeat superior liability, creating jurisdiction over actions ‘against the United States . . . for injury . . . caused by the . . . wrongful act . . . of any employee . . . while acting within the scope of his office or employment.’””

“In light of the analysis above and the approach adopted by the several circuit courts discussed above, the Court concludes that the United States has stepped into the shoes of a private employer and that “the United States gets the benefit of” the Massachusetts charitable cap under Mass. Gen. L. c. 231, § 85K here.”

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