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Vogel v. Linde

United States Court of Appeals, Fourth Circuit
Apr 28, 1994
23 F.3d 78 (4th Cir. 1994)

Summary

In Vogel v. Linde, 23 F.3d 78, 80 (4th Cir.1994) the court ruled that neither EMTALA's legislative history nor its plain language sanctioned the use of equitable tolling.

Summary of this case from Caraballo v. Hosp. Pavia Hato Rey, Inc.

Opinion

Nos. 93-2040, 93-2069 and 93-2088.

Argued March 7, 1994.

Decided April 28, 1994.

ARGUED: Steven Mark Garver, Reston, VA, for appellant.

William Daniel Cremins, Walsh Cremins, P.C., Fairfax, VA, for appellee INOVA; Judith Bowles Henry, Crews Hancock, Richmond, VA, for appellee Linde. ON BRIEF: Gerald R. Walsh, Randolph H. Perry, Walsh Cremins, P.C., Fairfax, VA, for appellee INOVA; Thomas G. Smith, Richard L. Nagle, Crews Hancock, Richmond, VA, for appellee Linde. Gregory M. Luce, James E. Anklam, Heather Lowry, Jones, Day, Reavis Pogue, Washington, DC; Fredric J. Entin, James A. Henderson, Maureen D. Mudron, American Hospital Association, Chicago, IL, for amicus curiae.

Appeal from the United States District Court for the Eastern District of Virginia.

Before HALL, MURNAGHAN, and LUTTIG, Circuit Judges.

Affirmed by published opinion. Judge K.K. HALL wrote the opinion, in which Judge MURNAGHAN and Judge LUTTIG joined.


OPINION


Susan Vogel appeals an order of the district court granting summary judgment to the defendant hospital in Vogel's action for violation of the Emergency Medical Treatment and Active Labor Act (EMTALA), 42 U.S.C. § 1395dd, and dismissing without prejudice her medical malpractice claim against the defendant doctor. Because we find that the EMTALA claim is barred by the statute of limitations, we affirm.

I.

Kara Jae Vogel, seventeen years old and mentally retarded because of Down's Syndrome, went to Fairfax Hospital on June 20, 1990, to have a tube put in her right ear. This procedure was performed on an outpatient basis by Dr. Richard Linde, an otolaryngologist.

In the recovery room, Kara's mother, Susan Vogel, noticed that Kara was moaning and exhibiting signs of extreme pain. She did not know what was wrong, but after some pleading she prevailed upon the hospital to admit Kara overnight for observation. Dr. Linde ordered the overnight admission, but his order called for discharge the following morning without examination or treatment by a physician.

Both Dr. Linde and hospital personnel apparently feared that Vogel's insurance would not pay for an unnecessary admission, but they relented when Mrs. Vogel guaranteed that she would pay for the stay personally.

Kara was released the next morning. She was suffering from a dislocation of her cervical spine, and because the condition was not immediately diagnosed and treated, she had to have two cervical vertebrae fused. Her mother alleges that Dr. Linde somehow injured Kara during the surgery and then negligently failed to diagnose her condition.

In April, 1992, Kara invoked a Virginia administrative procedure for medical malpractice claims; a review panel ruled against her on February 12, 1993. On April 9, 1993, Kara's mother was appointed her committee by a state trial court. On April 12, 1993, Susan Vogel, as committee for Kara, filed this suit in district court. She pled a claim for violation of EMTALA against Inova Health System Hospitals d/b/a Fairfax Hospital. She appended a state claim for medical malpractice against Dr. Linde.

Fairfax Hospital moved to dismiss for failure to state a claim, and Linde moved to dismiss for lack of subject matter jurisdiction. These motions were denied. Fairfax then moved for summary judgment based on the statute of limitations. Finding that the express statute of limitations in EMTALA is not tolled by infancy or incompetency, the district court granted Fairfax's motion. The court then declined to exercise supplemental jurisdiction over the medical malpractice claim against Dr. Linde, and it dismissed the rest of the case without prejudice.

Vogel appeals. The Hospital and Linde noted cross-appeals, though they merely assert alternative bases to affirm.

"[W]e review judgments, not opinions." Hyatt v. Sullivan, 899 F.2d 329, 337 n. 10 (4th Cir. 1990). Because the appellees seek nothing more than to preserve the judgments in their favor, their cross-appeals were not necessary. "It is well accepted . . . that without filing a cross-appeal or cross-petition, an appellee may rely upon any matter appearing in the record in support of the judgment below." Blum v. Bacon, 457 U.S. 132, 137 n. 5, 102 S.Ct. 2355, 2359 n. 5, 72 L.Ed.2d 728 (1982).
In its cross-appeal, the Hospital argues that 42 U.S.C. § 1395dd(c) does not apply to patients discharged from a hospital's general population and who do not present themselves for treatment at the hospital's emergency department. Linde's cross-appeal contends that the claim against him was not part of the same Article III "case or controversy" as the EMTALA claim or that, in any event, the district court should have declined to exercise supplemental jurisdiction under 28 U.S.C. § 1367(c)(2), because the state claim substantially predominates over the federal claim. Because we affirm the judgment for the reasons on which the district court relied, we need not address these issues.

II.

In EMTALA, Congress attempted to prohibit the so-called "dumping" of indigent persons facing "emergency medical conditions." Brooks v. Maryland General Hospital, 996 F.2d 708, 710 (4th Cir. 1993). Violations of EMTALA may be redressed in district courts, but there is a clear statute of limitations:

No action may be brought under this paragraph more than two years after the date of the violation with respect to which the action is brought.

42 U.S.C. § 1395dd(d)(2)(C). The complaint was filed here two years and ten months after the date of the alleged violation. Under the plain language of the statute, the claim is barred.

Vogel nonetheless urges us to toll the statute of limitations from the date of the violation until she was appointed committee for Kara on account of Kara's infancy and incompetency. We cannot do so. Exceptions to the running of a limitations period because of the would-be plaintiff's disability, though common, are nonetheless exceptions. The blackletter rule, recognized by the Supreme Court since at least 1883, is that a statute of limitations runs against all persons, even those under a disability, unless the statute expressly provides otherwise. See 54 C.J.S. Limitation of Actions § 105; 51 Am. Jur.2d Limitation of Actions § 186. This rule is regularly applied to federal statutes that contain a limitations period but no exception for disability. E.g., Jastremski v. United States, 737 F.2d 666, 669 (7th Cir. 1984) (Federal Tort Claims Act); Williams v. United States, 228 F.2d 129, 132 (4th Cir. 1955) (Suits in Admiralty Act), cert. denied, 351 U.S. 986, 76 S.Ct. 1054, 100 L.Ed. 1499 (1956).

In Vance v. Vance, 108 U.S. 514, 521, 2 S.Ct. 854, 859, 27 L.Ed. 808 (1883), the Court observed:

The exceptions from the operation of statutes of limitations, usually accorded to infants and married women, do not rest upon any general doctrine of the law that they cannot be subjected to their action, but in every instance upon express language in those statutes giving them time, after majority or after cessation of coverture, to assert their rights.

It is our duty to apply, rather than attempt to improve upon, the clear commands of Acts of Congress. Vogel's EMTALA action is time-barred.

The judgment is affirmed.

AFFIRMED.


Summaries of

Vogel v. Linde

United States Court of Appeals, Fourth Circuit
Apr 28, 1994
23 F.3d 78 (4th Cir. 1994)

In Vogel v. Linde, 23 F.3d 78, 80 (4th Cir.1994) the court ruled that neither EMTALA's legislative history nor its plain language sanctioned the use of equitable tolling.

Summary of this case from Caraballo v. Hosp. Pavia Hato Rey, Inc.

declining from engrafting tolling exception on EMTALA's two-year limitations period for disability

Summary of this case from Saltares v. Hospital San Pablo Inc.

In Vogel v. Linde, 23 F.3d 78, 80 (4th Cir. 1994) the court ruled that neither EMTALA's legislative history nor its plain language sanctioned the use of equitable tolling.

Summary of this case from Monrouzeau v. Asociacion Del Maestro

stating the "blackletter rule" that a statute of limitations "runs against all persons, even those under a disability, unless the statute expressly provides otherwise."

Summary of this case from Gallo v. U.S.

In Vogel v. Linde, 23 F.3d 78 (4th Cir. 1994), the minor plaintiff brought an action against a hospital and physician under the federal Emergency Medical Treatment and Active Labor Act (EMTALA).

Summary of this case from Sherwood v. Finch

In Vogel v. Linde, 23 F.3d 78 (4th Cir. 1994), the trial court had granted summary judgment to the defendant hospital on the grounds that plaintiff's claim was brought more than two years after the alleged EMTALA violation, and the statute of limitations was not tolled by infancy or incompetency.

Summary of this case from Brewer by and Through Brewer v. Miami County Hosp.
Case details for

Vogel v. Linde

Case Details

Full title:SUSAN C. VOGEL, COMMITTEE FOR KARA JAE VOGEL, AN INCOMPETENT…

Court:United States Court of Appeals, Fourth Circuit

Date published: Apr 28, 1994

Citations

23 F.3d 78 (4th Cir. 1994)

Citing Cases

Saltares v. Hospital San Pablo Inc.

Monrouzeauv. Asociacion del Maestro, 354 F.Supp.2d 115, 118 (D.P.R. 2005).See Vogel v. Linde, 23 F.3d 78, 80…

Brewer by and Through Brewer v. Miami County Hosp.

Only one other court has addressed the question of whether the EMTALA statute of limitations is tolled by…