A.Q.C. Ex Rel. Castillo v. United States

MEMORANDUM AND ORDER

NAOMI REICE BUCHWALD, District Judge.

Before the Court is defendant United States’ Motion to Dismiss the Amended Complaint for Lack of Subject Matter Jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1) (“Rule 12(b)(1)”). For the following reasons, the motion is granted.

BACKGROUND 1

The infant plaintiff was born to her mother, Paquita Castillo, on February 1, 2005, at the Bronx-Lebanon Hospital Center (“Bronx-Lebanon”). She was delivered by, among others, Dr. Wilfrido Arturo Castillo, who had been the plaintiffs mother’s regular obstetrician at a prenatal clinic…