Facts

Agueda Galvan and Sophia Arce, a minor, filed suit against Rebecca J. Brock, M.D., Doctors Medical Center, and Golden Valley Health Centers, though the U.S. government was later substituted in as the proper defendant in the place of Dr. Brock and Golden Valley.

PLAINTIFF'S CONTENTIONS:
On Sept. 29, 2010, plaintiff Sophia Arce was delivered at Doctors Medical Center by Dr. Brock. Due to a negligent examination, Galvan had to be induced into labor more than five weeks before her due date. As a result, Arce sustained birth injuries, including respiratory system underdevelopment. Arce remained in intensive care for a month, and Galvan suffered injuries to her reproductive system.

DEFENDANT'S CONTENTIONS:
The U.S. moved to dismiss the complaint for lack of subject matter jurisdiction, arguing that the case had been filed prematurely and had failed the administrative exhaustion requirement of the Federal Torts Claims Act.

Result

The court granted the defendants' motion to dismiss.