Reyes et al v. Langham et alBrief/Memorandum in SupportN.D. Tex.May 19, 2017ORIGINAL IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS (\ ~J FORT WORTH DIVISION r \'J NATALIE REYES and VERNON MATTHEWS, both individually and as Mother and Father and Administrator of the Estate of their Deceased Child, Plaintiffs, V. CHARLES LANGHAM, M.D. and OLAKUMBI OTULANA, M.D., Defendants. Civil Action No.4: 17-CV-226-A DEFENDANT'S BRIEF IN SUPPORT OF ITS MOTION TO DISMISS I. Summary Plaintiffs Natalie Reyes, a federal inmate, and Vernon Matthews, the purported father of her deceased fetus, filed this suit against Dr. Charles Langham and Dr. Olakumbi Otulana under Texas state law in Tarrant County, Texas, District Court. The United States properly removed this action to the United States District for the Northern District of Texas under 28 U.S.C. § 1442, 2679, and 1346(b)(l) as this was a tort claim for personal injury against the federal government or its agency and employees. The United States is properly substituted as the Defendant for Dr. Charles Langham under 28 U.S.C. § 2679 as this is a claim for personal injury or death against a government employee who was acting within the scope of his employment. Plaintiffs claim that Dr. Charles Langham, an employee of the Federal Bureau of Prisons (BOP), and Dr. Olakumbi Otulana, who is not employed by the United States, provided Natalie Reyes Defendant's Brief in Support of Its Motion to Dismiss- Page I Case 4:17-cv-00226-A Document 17 Filed 05/19/17 Page 1 of 31 PageID 111 with negligent medical care and as a result, her fetus was stillborn on December 7, 2014. Defendant United States of America moves the Court to dismiss Plaintiffs' claims against it for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b )(I). Plaintiffs failed to exhaust administrative remedies with respect to their claims. Therefore, Plaintiffs' claims against the United States must be dismissed. II. Facts A. Background on Plaintiffs Natalie Reyes is a federal inmate who is serving a 70 month sentence for possession with intent to distribute 50 grams or more of methamphetamine. She was designated to the Federal Medical Center Carswell (FMC Carswell) in Fort Worth, Texas, from October 14,2014, through June 18,2015. She is now housed at the Federal Prison Camp in Bryan, Texas (FPC Bryan). Her anticipated release date if she receives all projected good conduct time is August 14,2019. The relationship between Vernon Matthews and Natalie Reyes is unknown at this time as is the relationship between Vernon Matthews and Reyes' fetus. Plaintiffs allege that Vernon Matthews is the father of the fetus. B. Complaint Plaintiffs filed a complaint in the Tarrant County District Court on February 17, 2017. (Doc. 6-1.) On March 14, 2017, the case was removed to this Court. (Doc. I.) On May 4, 2017, Plaintiffs filed an amended complaint as ordered by this Court. (Doc. 10). Plaintiffs allege that Defendants Dr. Charles Langham and Dr. Olakumbi Otulana were Natalie Reyes' physicians and violated the duty of care owed to her. (Doc. 10 at 4.) Defendant's Brief in Support of Its Motion to Dismiss- Page 2 Case 4:17-cv-00226-A Document 17 Filed 05/19/17 Page 2 of 31 PageID 112 Defendant United States has been substituted as the proper defendant for Dr. Charles Langham under 28 U.S.C. § 2679 (d), because Dr. Langham is a federal employee and the claims alleged against him are for personal injury or death arising or resulting from the alleged negligent or wrongful act or omission while he was acting in the scope of his employment. Dr. Otulana is not an employee of the United States and has not been served or entered an appearance in this matter. Plaintiffs allege that on December 6, 2014, Natalie Reyes, who was pregnant at the time, was feeling abdominal pain, cramping, and was bleeding and "feeling tremendous pressure down below" and that Dr. Langham diagnosed her with a urinary tract infection (Doc. 10 at 3). Plaintiffs further allege that the following day, Reyes was experiencing bleeding and was transported to the local hospital where her baby was born and lived for approximately two hours. (Doc. 10 at 3.) Plaintiffs present the following theories of negligence: "fail[ ure] to properly meet the standard of care when performing the medical treatment necessary to the Plaintiffs welfare"; "fail[ure] to recognize and/or acknowledge its recognition of the Plaintiffs symptoms that resulted from its treatment of the Plaintiff'; "fail[ure] to engage in recognized and acceptable practices in the medical profession to limit the likelihood of harm following the treatment provided by the Defendant"; "[ n Jot timely sending Ms. Reyes to another facility to obtain the higher level of care she and her baby needed; and "other acts of negligence." (Doc. I 0 at 4 ). Plaintiffs seek damages "by the jury in an amount that the jury deems just and fair, and in an amount within the jurisdictional limits of this court." Plaintiffs identify that the amount they are seeking is monetary relief over $1 ,000,000.00. Plaintiffs seek damages Defendant's Brief in Support of Its Motion to Dismiss- Page 3 Case 4:17-cv-00226-A Document 17 Filed 05/19/17 Page 3 of 31 PageID 113 for past and future pain and suffering, past and future mental anguish, loss of companionship and society; and pain and suffering of their child. Plaintiffs seek prejudgment and post judgment interest. III. Argument A. Standard of Review FRCP 12(b )(I) allows the Court, upon suitable showing, to dismiss any action or any claim within an action for lack of subject-matter jurisdiction. Once a defendant raises lack of subject-matter jurisdiction in a motion to dismiss, the plaintiff bears the burden of establishing that the Court has subject-matter jurisdiction over the dispute. See Kokkonen v. Guardian Life Ins. Co. of America, 511 U.S. 375, 377 (1994); Menchaca v. Chrysler Credit Corp., 613 F.2d 507, 511 (5th Cir. 1980). Unlike a motion to dismiss under FRCP 12(b)(6) or a motion for summary judgment under FRCP 56, "no presumptive truthfulness attaches to plaintiffs allegations." Williamson v. Tucker, 645 F.2d 404,412-13 (5th Cir. 1981). Matters outside the pleadings may be considered in a motion to dismiss pursuant to FRCP 12(b)(l). See Menchaca, 613 F.2d at 511. Specifically, "a court may evaluate (I) the complaint alone, (2) the complaint supplemented by undisputed facts evidenced in the record, or (3) the complaint supplemented by undisputed facts plus the court's resolution of disputed facts." Den Norske Stats Oljeselskap As v. HeereMac Vof, 241 F.3d 420, 424 (5th Cir. 2001). Defendant's Brief in Support of Its Motion to Dismiss- Page 4 Case 4:17-cv-00226-A Document 17 Filed 05/19/17 Page 4 of 31 PageID 114 B. Plaintiffs Failed to Exhaust Administrative Remedies For Their Claims. Under 28 U.S.C. § 2679 (d)(4), upon certification, an action proceeds as any action filed against the United States pursuant to 28 U.S.C. § 1346(b) and is subject to the limitations and exceptions applicable to those actions. Plaintiffs have not exhausted the required administrative process prior to bringing suit against the United States under the FTCA and therefore, their claims against the United States must be dismissed. The United States may only be sued to the extent it has waived its sovereign immunity. The FTCA waives sovereign immunity for certain classes of tort claims, including personal injury caused by the negligent or wrongful act or omission of any employee of the Government acting within the scope of his office or employment. Davis v. United States, 961 F.2d 53, 56 (5th Cir.l991 ). However, a plaintiff cannot avail himself of that waiver of sovereign immunity without first exhausting his administrative remedies pursuant to 28 U.S.C. § 2675. Under the FTCA, an action cannot be brought "unless the claimant shall have first presented the claim to the appropriate Federal agency and his claim shall have been finally denied by the agency in writing and sent by certified or registered mail." 28 U.S.C. § 2675(a). A claim is considered "presented" to a federal agency when a Standard Form 95 or "other written notification of an incident" is filed and accompanied with a claim for money damages in a sum certain. 28 C.F.R. § 14.2(a). "The requirement of exhaustion of administrative review is a jurisdictional requisite to the filing of an action under the FTCA" and cannot be waived. Gregory v. Mitchell, 634 F.2d 199, 203-04 (5th Cir. 1981 ). "Even though the requirements of§ 2675 are minimal, an FTCA claimant must nonetheless provide facts sufficient to allow his Defendant's Brief in Support of Its Motion to Dismiss- Page 5 Case 4:17-cv-00226-A Document 17 Filed 05/19/17 Page 5 of 31 PageID 115 claim to be investigated and must do so in a timely manner." Cook v. United States on behalf of U.S. Dep't of Labor, 978 F.2d 164, 166 (5th Cir. 1992). Specifically, a claimant has six months from the date an administrative tort claim is denied to tile suit in the appropriate federal district court. 28 U.S.C. § 240l(b). Any claim not presented to the agency at the administrative level must be dismissed even if the plaintiff exhausts administrative remedies with regard to other claims arising from the same alleged act or omission. See Bembenista v. United States, 866 F.2d 493, 498-99 (D.C. Cir. 1989). A plaintiff must first exhaust his administrative remedies by filing a claim with the appropriate agency within two years of the alleged injury before tiling suit under the FTCA. The claimant may not bring suit in district court on the claim until the claim has been finally denied by the agency in writing, or the agency has failed to adjudicate the claim within six months of its filing. 28 U.S.C. §§ 240l(a), 2675(a); Price v. United States, 63 F.3d 46 (5th Cir. 1995), cert. denied, 519 U.S. 927 (1996). The Supreme Court confirmed that strict compliance with the administrative procedures outlined in the FTCA is required of a plaintiff who institutes an action under the FTCA and that a claim brought prematurely must be dismissed. McNeil v. United States, 508 U.S. 106 (1993) (suit may not be stayed pending resolution of administrative process rather suit must be dismissed if filed before six month period completed); see also Reynolds v. United States, 748 F.2d 291 (5th Cir 1984) (finding that District Court was required to dismiss FTCA complaint that was filed before the federal agency had sent plaintiff written notice of denial of administrative claim). Defendant's Brief in Support of Its Motion to Dismiss- Page 6 Case 4:17-cv-00226-A Document 17 Filed 05/19/17 Page 6 of 31 PageID 116 Since presentment of an administrative claim is jurisdictionaL it must be pleaded and proven by the FTCA claimant. Bryan v. United States, 169 F. Supp. 2d 676, 684 (S.D. Tex. 2001 ); Kanar v. United States, 118 F .3d 527, 528 (7th Cir. 1997); Ahmed v. United States, 30 F.3d 514, 516 (4th Cir. 1994). The claimant has the burden of establishing actual presentment, i.e., that he has presented a claim to the appropriate federal agency. Stancomb v. United States. 121 F. Supp. 2d 1019, 1020-2l(E.D. Tex. 2000). On December 7, 2016, Plaintiffs each filed a Standard Form 95, through counsel, with the BOP's Central Office. See Exhibit A, pp. 00 1-02; 003-09; 012-18. Plaintiffs were notified by letter to counsel dated December 21, 2016, that BOP had received their administrative claims and that they could expect a decision on or before June 6, 2017. See Exhibit A, pp. 001-02; 003-09; 019-20. Plaintiffs filed the Complaint in state court on February 17, 2017, well before the six months afforded to BOP to consider their administrative tort claims. (Doc 6-1.) The BOP has not yet adjudicated Plaintiffs' administrative tort claims or provided a response to counsel for Plaintiffs. See Exhibit A, pp. 001-02. Plaintiffs did not properly exhaust their administrative claims prior to filing suit because they did not wait the requisite six months after filing their administrative claims or until a denial was received from the BOP. Thus, under the FTCA, Plaintiffs' failure to exhaust their administrative remedies is a jurisdictional bar to any suit and all claims must be dismissed. Defendant's Brief in Support of Its Motion to Dismiss- Page 7 Case 4:17-cv-00226-A Document 17 Filed 05/19/17 Page 7 of 31 PageID 117 IV. Conclusion For the foregoing reasons. this Court should grant the United States' motion to dismiss. Respectfully submitted, JOHN R. PARKER UNITED STATES ATTORNEY Z!~s2Y:::t~~~~}jJ6J}L- Assistant United States Attorney Burnett Plaza, Suite 1700 80 I Cherry Street, Unit #4 Fort Worth, TX 76102 Texas Bar No. 04652300 Telephone: 817-252-5200 Fax: 817-252-5458 Email: mattic.comptonr(i;usdoj.gov CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing was served this Jt1~lfday of May 2017, via certified mail, return receipt requested to the following: William A. Kendall Smith Kendall, PLLC 5910 N. Central Expressway, Suite 925 Dallas, TX 75206 CMRR (7016-2140-0000-5059-180 I) The Melton Law Firm, PLLC John F. Melton 2705 Bee Cave Road, Suite 220 Austin, TX 78746 CMRR (7016-2140-0000-5059-1764) Defendant's Brief in Support of Its Motion to Dismiss- Page 8 Case 4:17-cv-00226-A Document 17 Filed 05/19/17 Page 8 of 31 PageID 118 Dr. Olakumbi Otulana 900 8th A venue Fort Worth, TX 76104 CMRR (7016-2140-0000-5059-1795) Defendant's Brief in Support of Its Motion to Dismiss- Page 9 Case 4:17-cv-00226-A Document 17 Filed 05/19/17 Page 9 of 31 PageID 119 Case 4:17-cv-00226-A Document 17 Filed 05/19/17 Page 10 of 31 PageID 120 EXHIBIT A Case 4:17-cv-00226-A Document 17 Filed 05/19/17 Page 11 of 31 PageID 121 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS NATALIE REYES and VERNON ) MATTHEWS, both Individually and as ) Mother and Father and Administrator of ) the Estate of their Deceased Child ) Plaintiffs, ) ) v. CIVIL ACTION NO. 4:17-cv-226-A CHARLES LANGHAM, M.D. and OLAKUMBI OTULANA, M.D., ) ) ) ) ) ) ) Defendants. DECLARATION OF MARIA MARTINEZ In accordance with the provisions of28 U.S.C. § 1746, I, the undersigned Maria Martinez, do hereby make the following declaration pertinent to the above styled cause of action: 1. I, Maria Martinez, am a Legal Assistant for the Federal Bureau of Prisons (BOP) at the Federal Medical Center Carswell (FMC Carswell). 2. As part of my job responsibilities, I assist with the processing of administrative tort claims filed with the South Central Regional Office concerning FMC Carswell. 3. In this position, I have access to official records compiled and maintained by the BOP. 4. I certify that the attached documents are true and accurate copies of official records received, compiled and maintained in the ordinary course of business by the BOP. 5. Attached hereto as Attachment 1 is a true and accurate copy of the administrative tort claim filed by counsel for inmate Natalie Reyes, Reg. No. 34027-380, with the BOP's Central Office on December 7, 2016, and received by the BOP's South Central Regional Office on December 19, 2016. 001 Case 4:17-cv-00226-A Document 17 Filed 05/19/17 Page 12 of 31 PageID 122 6. Attached hereto as Attachment 2 is a true and accurate copy of the acknowledgment letter dated December 21, 2016, confirming receipt of the administrative claim and notifying counsel for Ms. Reyes that a response could be expected by June 6, 2017. 7. Attached hereto as Attachment 3 is a true and accurate copy of the administrative tort claim filed by Vernon Matthews, with BOP's Central Office on December 7, 2016, and received by the BOP's South Central Regional Office on December 19, 2016. 8. Attached hereto as Attachment 4 is a true and accurate copy of the acknowledgment letter dated December 21, 2016, confirming receipt of the administrative claim and notifying counsel for Mr. Matthews that a response could be expected by June 6, 2017. 9. BOP has not yet adjudicated these claims and provided a response to counsel for Ms. Reyes and Mr. Matthews. I declare under the penalty of perjury, the foregoing is true and accurate to the best of my knowledge, pursuant to the penalties of perjury at 28 U.S.C. § 1746. Executed on this 18th of May 2017. . '-1 f JYJ~ (Ytt!Vto Maria Martinez so Legal Assistant FMC Carswell 2 002 Case 4:17-cv-00226-A Document 17 Filed 05/19/17 Page 13 of 31 PageID 123 Attachment 1 003 Case 4:17-cv-00226-A Document 17 Filed 05/19/17 Page 14 of 31 PageID 124 CLAIM FOR DAMAGE INSTRUCTIONS: Please read carefully me instructions on the FORM APPROVED INJURY, OR DEATH reverse side and supply information requested on both sides of this OMB NO. 1105-0008 form. Use additional sheet{s) if necessary. See reverse side for additional instructions. 1. Submit to Appropriate Federal Agency: 2. Name, address of claimant, and claimant's personal representative if any. ~ (See instructions on reverse). Number, Street, City, State and Zip code. Bureau of Prisons '\'/ Natalie Reyes, c/o John F. Melton, Esq.'(}.~/ 320 First Street, NW 2705 Bee Cave Road, Ste. 220 t.\Q ~() Washington, DC 20534 Austin, TX 78746 ~ '};) 3. TYPE OF EMPLOYMENT 4. DATE OF BIRTH 5. MARITAL STATUS 6. OATEANDOAY OF ACCIDENT 7. TIME (A.M. OR P.M.) 0 MILITARY [8) CIVILIAN Single 12/7/14 noon B. BASIS OF CLAIM (State in de taU the known facts and circumstances attending the damage, Injury, or death, identifying persons and property involved, the place of occurrence and the cause thereof. Use additional pages if necessary). This is a wrongful death claim as a result of medical negligence. On December 6, 2014 Natalie Reyes felts cramping and was bleeding at noon. She asked to go to the hospital. The nurses told her everything was fine. That night liquid started coming out and Natalie again asked to go to the hospital. She was instead diagnosed with a UTI and given antibiotics. Natalie told Dr. Charles Langham that she was in pain but he just walked off. The next day blood started coming out. 9. ... -· PROPERTY DAMAGE NAME AND ADDRESS OF OWNE 'REACIErVEl)' , and Zip Code). RECEIV:.::o \'Jt>Nt BRIEFLY DESCRIBE THE PROP (See instructions on reverse side). ~TY, NATURE AND EXTENT OF THE DAMAGE AND ~H LOCATION OF WHERE THE PROWTI ~ Y;!l,E')~SPECTED. Q.~ DEC 0 7 .2016 . BUFtEAU OF PR!FO"S LEGAL DEPARTMEN'i, 6CRO 10. -~ ··"' PERS()NAL INJURYIW ONGFUL DEATH STATE THE NATURE AND EXTE T 0':,_ ~~C: ·~~N!''f'it~ C!6'!J~ Of~EA, n, ''"'~n ,0 MS THE BASIS OF THE CLAIM. IF OTHER THAN CLAIMANT, STATE THE NAME OF THE INJURED PERSON OR~ EcEOO"C/Lrru~;A.T!!")t\! 8Rft,NCH The name of the deceased is Vernon Demont Matthews, Jr. who died on December 7, 2014 due to medical negligence. He lived for approximately 2 hours. 11. WITNESSES NAME Ht:( ~EIVED ADDRESS (Number, Street, City, State, and Zip Code) Vernon Matthews DE c j 9 2019914 2016 3 uq P.R. 8430 II=Jl~R~~ ~.~~~!SON~ Jasper, TX 75951 ' ' 12. (See instnJcUons on reverse). AMOUNT OF CLAIM (in dollars) 12a. PROPERTY DAMAGE 12b. PERSONAL INJURY 12c. WRONGFUL DEATH 12d. TOTAL (Failure 10 specify may cause forfeiture of your rights}. f\JSs Day 0 ~~~~=omf)'t<,.~e<• l!v.~kid"'!'~""''llodt!wurtll¢rrolN\H ~•""•bl~. 2 r,3~jnessDays 0 FOOEx 20ay A.M St<....-.1-;s~.· Sul:doyO..UWVNi)11!>'Uobi~ D f::.~~~.~"""'an.''fhi>"~""Ollipmom> """nMo -16::.:::~~,.. """"~;,:: Pak• CJtv 2 Your lllfern&! Billing Re.ier~n .. ,· t f"J:...&· 0'''"' g, 3 To f/ "" -- "" 6 Special Handling and Delivery Signature Options if:.""'' 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(:-);,::;;)4 ,,.,·;' f':1 ""'-~--~~ n Aecip!tmt go·u ,LHO H ot:o1 ~ ces z~ 989~H oel'>ot""""'-/11#t W......, .• D.!liiiAGLAaioll;oi;tc CATION OF WHERE THE PROPE~ Y'ee'INSPOOJ'ED. {See Instructions on reverse side). \Ni $25,000,000 $25,000,000 I CERTIFY THAT THE AMOUNT OF CLAIM COVERS ONLY DAMAGES AND INJURIES CAUSED BY THE INCIDENT ABOVE AND AGREE TO ACCEPT SAJD AMOUNT IN FULL SATISFACTION AND FINAL SETT~ENT OF THIS CLAIM. 13a. SIGNATURE OF CLAIMANT (See i truc~ns on revers ~;de). 1Sb. PHONE NUMBER OF PERSON SIGNING FORM 14. DATE OF SIGNATURE / 512-330-0017 12/5/2016 CIVIL PENA~ R PRESENTING CRIMINAL PENALTY FOR PRESENTING FRAUDULENT FRAUD NT CLAIM CLAIM OR MAKING FALSE STATEMENTS The claimant is Hable to the United States Government for a civil penalty of not less than Fine, imprisonment, or both. (See 18 U.S.C. 287, 1001.} $5,000 and not more than $10,000, plus 3 times the amount of damages sustained by the Government (See 31 U.S.C. 3729). Authorized for Local Reproduction Previous Edition is not Usable NSN 7540-00-634-4046 STANDARD FORM 95 (REV. 2/2007) PRESCRIBED BY DEPT. OF JUSTICE 95-109 28 CFR 14.2 013 Case 4:17-cv-00226-A Document 17 Filed 05/19/17 Page 24 of 31 PageID 134 ' INSURANCE COVERAGE In order that subrogation claims may be adjudicated, it is essential that the claimant provide the following Information regarding the insurance coverage of the vehicle or property. 15. Do you carry accident Insurance? Oves If yes, give· name and address of insurance company (Number, Street, City, State, and Zip Code) and pollcy number. [8] No 16. Have you filed a claim with your insurance carrier in this instance, and if so, is it full coverage or deductible? DYes [8] No 17. If deductible. state amount. 18. If a claim has been filed with your carrier, what action has your insurer taken or proposed to take with reference to your claim? (It is necessary that you ascertain these facts). 19. Do you carry public liability and property damage insurance? D Yes If yes, give name and address of insurance carrier (Number, Street, City, State, and Zip Code). [8]No INSTRUCnONS Claims presented under the Federal Tort Claims Act should be submitted directly to the "appropriate Federal agency" whose employee(s) was involved in the incident. If the incident involves more than one claimant, each claimant should submit a separate claim form. Complete all Items -Insert the word NONE where applicable. A ClAIM SHALL BE DEEMED TO HAVE BEEN PRESENTED WHEN A FEDERAL DAMAGES IN A SUM CEBJAIN FOR INJURY TO OR LOSS OF PROPERlY, PERSONAL AGENCY RECEIVES FROM A CLAIMANT. HIS DULY AUTHORIZED AGENT. OR LEGAL INJURY, OR DEATH ALLEGED TO HAVE OCCURRED BY REASON OF THE INCIDENT. REPRESENTATIVE, AN EXECUTED STANDARD FORM 95 OR OTHER WR!TIEN THE CLAIM MUST BE PRESENTED TO THE APPROPRJATE FEDERAL AGENCY WITHIN NOTIFICATION OF AN INCIDENT, ACCOMPANIED BY A CLAIM FOR MONEY JWO YEARS AFTER THE CLAIM ACCRUES. Failure to completely execute this form or to supply the requested material within The amount claimed should be substantiated by competent evidence as follows: two years from the date the claim accrued may render your claim Invalid. A claim is deemed presented when it Is received by the appropriate agency, not when it is (a) In support of the claim for personal injury or death, the claimant should submit a mailed. written report by the attending physician, showing the nature and extent of the injury, the nature and extent of treatment, the degree of permanent disaMity, if any, the prognosis, If instruction Is needed in completing this form, the agency Jlsted in item #1 on the reverse and the period of hospitalization, or incapacitation, attaching itemized bills for medical, hospital, or burial expenses actually incurred. side may be contacted. Complete regulatlons pertaining to claims asserted under the Federal Tort Claims Act can be round in Title 28, Code of Federal Regulations, Part 14. (b) In support of claims for damage to property, which has been or can be economically Many agencies have published supplementing regulations. If more than one agency Is involved, please state each agency. repaired, the claimant should submit at least two itemized signed statements or estimates by reliable, disinterested concerns, or, if payment has been made, the itemized signed receipts evidencing payment. The daim may be fiUed by a duly authorized agent or other legal representative, provided evidence satisfactory to the Govemment is submitted with the claim establishing express (c) In support of claims for damage to property which is not economically repairable, or rt authority to act for the claimant. A claim presented by an agent or legal representative must be presented in the name of the claimant. If the claim is signed by the agent or the property is lost or destroyed, the claimant should submit statements as to the original legal representative, it must show the tiUe or legal capacity of the person signing and be cost of the property, the date of purchase, and the value of the property, both before and accompanied by evidence of his/her authority to present a claim on behalf of the claimant after the accident. Such statements should be by disinterested competent persons. as agent, executor, administrator, parent, guardian or other representative. preferably reputable dealers or officials familiar With the type of property damaged, or by two or more competitive bidders, and should be certified as being just and correct. If claimant intends to file for both personal injury and property damage, the amount for each must be shown in item number 12 of this form. (d) Failure to specify a sum certain will render your dalm Invalid and may result In forfeiture of your rights. PRIVACY ACT NOnCE This Notice is provided in accordance with the Privacy Act, 5 U.S.C. 552a(e)(3), and B. Princfpal Purpose: The information requested is to be used in evaluating daims. concerns the information requested in the letter to which this Notice is attached. c. Routine Use: See the Notices of Systems of Records for the agency to whom you are A. Authority: The requested Information Is solicited pursuant to one or more of the submitting this ronn for this infonnation. following: 5 U.S,C. 301,28 U.S.C. 501 etseq., 28 U.S. C. 2671 etseq., 26 C.F.R. D. Effect of Failure to Respond: Disclosure is voluntary. However, failure to supply the Part 14. requested infonnation or to execute the form may render your claim •invalid.• PAPERWORK REDUCTION ACT NOTICE This notice Is~ for the purpose of the Paperwork Reduction Act, 44 U.S.C. 3501. Public reporting burden for this collection of information is estimated to average 6 hours per response, including !he time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, Including suggestions for reducing this bun:len, to the Director, Torts Branch, Attention: Paperwork Reduction Staff, Civil Division, U.S. Department of Justice, Washington, DC 20530 or to the Office of Management and Budget. Oo not mail completed form(s) to these addresses. STANDARD FORM 95 Rl'6f~007) BACK Case 4:17-cv-00226-A Document 17 Filed 05/19/17 Page 25 of 31 PageID 135 8. Basis of Claim - Continued: At around 4:00a.m. to 4:30a.m. on December 7 a lot of blood started coming out and Natalie was transferred from the prison to the local hospital, John Peter Smith Hospital. She was seen by Dr. Otulana Okakumba who transferred her. Dr. Langham kept telling Natalie that this won't ever happen again. The baby was born later that morning and Natalie was told that if she had gotten to the hospital sooner they probably could have saved the baby. They never did anything after that and the baby fought for his life for the next two hours in Natalie's arms before he died. The mother is Natalie Reyes and the father is Vernon Matthews. If the issue had been addressed sooner then their baby would likely have lived. 015 Case 4:17-cv-00226-A Document 17 Filed 05/19/17 Page 26 of 31 PageID 136 ATTORNEY-CLIENT AGREEMENT AND ASSIGNMENT OF INTEREST WE, NATALIE REYES and VERNON MATHEWS, (hereinafter "I" or "Client") do hereby employ THE MELTON LAW FIRM, P.L.L.C., (hereinafter "Attorney'') as our attorney to represent us and to act for us and in my name to take any and all appropriate legal action and any other action incident thereto which said attorney may deem necessary to prosecute through settlement or judgment any and all claims which we may have against BUREAU OF PRISONS HEALTH SERVICES, THE FEDERAL GOVERNJ\IIENT, DR. OLAKUMBI O'IULANA, DR. CHARLES LANGHAM,JPS HEALTH SYSTEM, and any other potentially liable parties including medical providers and jail personnel for claims arising from or related to the death of our baby in December, 2014. 2. Attorney-in-Fact. Client hereby constitutes and appoints Attorneys to be Client's attorney-in-fact and authorizes them to investigate, tty, compromise, settle and receive in Client's name all damages, attorneys' fees and other money due Client on Client's claims. Client further constitutes and appoints Attorneys to be Client's attorney-in-fact to sign alllegai instruments, pleadings, drafts, authorizations, settlement checks, and papers as shall be reasonably necessary to investigate, tty or settle Client's claims, and to reduce to possession any and all money or other things of value due to Client as a result of Client's claims, as fully as Client could do so in person. 016 Case 4:17-cv-00226-A Document 17 Filed 05/19/17 Page 27 of 31 PageID 137 ,. 16. Place of Performance. This agreement is to be performed in Travis County, Texas, althougH tbe litigation involved may be tried in a different County. 17. Effective Date. This agreement becomes effective on the date that tbis agreement is signed by Client and Attorney. SIGNED AND AGREED TO ON THE DATE SHOWN: Date:--------- NATALIE REYES ~Vf\M:>AtJ %~ ~ VERNON MATTHEWS ........., Date: Uo,v\. \A ~\ ~ \ i THE MELTON Q~J-G··I~_p Date:---------- 017 Case 4:17-cv-00226-A Document 17 Filed 05/19/17 Page 28 of 31 PageID 138 -~-I 05441041 fedex.com l.SOO.GoFedEx 1.800.453.3339 w "' ~ if Q " • a . ::,~ c:.: !!!. if; I ~ ~--'. "' !!!. :i " n .. (') .::.. ..• • ·o I '! t .~· .... U"' 0 ~- 0 . ' ., .. n'~ '"·~a
