FEDERAL TORT CLAIMS ACT-CORPORATE LIABILITY

June 15th, 2022 by Rieders Travis in Miscellaneous

Boyle v. United States, 2022 U.S. Dist. LEXIS 98006 (E.D. Pa. June 1, 2022) (Pratter, J.) This case deals with corporate liability under the Federal Tort Claims Act.  The court examined the duty of care of the individuals and the statute.  Ultimate rule that although plaintiff’s expert was not competent under Mcare to testify on the standard of care owed by particular VA leaders as practicing physicians, he is competent to testify about the duty of care owed by particular VA leaders as administrators.  It seems as though this is a real crack in the façade concerning corporate liability.  The court acknowledges there is not much case law about the duty of care owed by a physician acting in an administrative role.  The court raises the corporate issue as one with relevance.  The United States argues that Boyle did not include any explicit claim for corporate negligence in the administrative claims.  Boyle asserts they are pursuing a claim based on a system made about VA doctors, not corporate negligence.  Although this may be moot, the Boyles do pursue expert testimony on the topic of hospital administration.  Ultimately, it was decided that defense motion was granted as to any claims alleging corporate negligence.  The motion is granted as to the expert’s proposed testimony about the duty of care owed as a primary care physician because the expert was not competent in the field but the motion was denied as to the expert’s proposed expert testimony concerning the duty of care owed by Veterans Administration Medical Center leaders acting in their administrative capacity.

Attorney Cliff Rieders

Attorney Cliff RiedersCliff Rieders is a Nationally Board Certified Trial Lawyer practicing personal injury law. A large part of his practice involves multi-district litigation, including cases related to pharmaceuticals, vitamin supplements and medical devices. He is admitted in several state and federal courts, as well as the Supreme Court of the United States. Rieders is the past regional president of the Federal Bar Association and is a life member of the distinguished American Law Institute, which promulgates proposed rules adopted by many state courts. He is a past president of the Pennsylvania Association for Justice, formerly Pennsylvania Trial Lawyers Association. As a founder of the Pennsylvania Patient Safety Authority, he served on the Board for 15 years.

Not only has Rieders held many highly esteemed, leadership positions, he authored legislation related to the Patient Safety Authority and the Mcare Act, which governs medical and hospital liability actions in Pennsylvania. He authored texts upon which both practitioners and judges rely, including Pennsylvania Malpractice Laws and Forms, and Financial Responsibility Law Issues in Pennsylvania, the latter governing auto and truck collisions in Pennsylvania. In addition, he wrote several books on the practice of law in Pennsylvania regarding wrongful death and survivor actions, insurance bad faith, legal malpractice claims and worker rights, among others. Rieders also serves as a resource to practitioners as a regular speaker for Celesq, an arm of the world’s largest legal publisher, Thomson Reuters West Publishing.

As recognition of his wide range of contribution to his profession and of his dedication to protecting the rights of his clients, he received numerous awards, among them the George F. Douglas Amicus Curiae Award, the Milton D. Rosenberg Award, the B’nai B’rith Justice Award, and awards of recognition from the Pennsylvania Trial Lawyers. [ Attorney Bio ]