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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND ANGELIA M. ANDERSON v. UNITED STATES OF AMERICA : : : : : : ...o0o... MEMORANDUM Now pending before the court is a motion to dismiss filed by the defendant, the United States of America, against the plaintiff, Angelia M. Anderson. Ms. Anderson seeks damages, pursuant to the Federal Tort Claims Act ("FTCA"), for injuries she allegedly sustained as a result of negligent care she received at the Veterans Administration Medical Center ("VA Hospital") in Baltimore, Maryland in December 2002. The United States contends that Ms. Anderson's claim, filed with this court on January 2, 2008, is barred by Maryland's five-year statutory period for filing medical malpractice claims. The issues have been fully briefed and no hearing is necessary. For the following reasons, the court will grant the defendant's motion to dismiss. BACKGROUND Ms. Anderson alleges that she received negligent care at the Baltimore VA Hospital in relation to lymphoma in her spine. Ms. Anderson first arrived at the VA Hospital complaining of mid to lower back pain on February 22, 2002. After an MRI was performed, which revealed scattered marrow abnormalities throughout Ms. Anderson's lumbar spine, the radiologist recommended that bone scanning be performed. On May 13, 2002, a bone scan was performed and the results were abnormal. Thereafter, Ms. Anderson continued to be seen at the VA Hospital on a regular basis and on July 1, 2002, a bone marrow biopsy was performed, the results of which led to a diagnosis of B-cell lymphoproliferative disease in Ms. Anderson's spine. 1

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Accordingly, Ms. Anderson was scheduled to begin chemotherapy on August 26, 2002, and was given a fentanyl patch to control her pain. Chemotherapy did not begin as planned, however, because her doctors determined that a course of observation was more appropriate. She was seen again on September 30, 2002, when she reported continued pain on her left side. Her doctors responded by increasing her pain medication. On December 19, 2002, Ms. Anderson arrived at the VA Hospital complaining of increasing pain and new symptoms, including pain and numbness radiating to her foot. She was discharged with instructions to report to the neurology clinic in four days. The next day, Ms. Anderson returned to the VA Hospital after she awoke with increased pain in her back and an inability to move her legs. An MRI was performed and failed to demonstrate any evidence of compression. On December 23, 2002, Ms. Anderson again returned to the VA Hospital reporting that she was unable to walk or stand. She complained that she felt numbness up to the level of her breasts. She was again discharged and instructed to return on December 26th for another MRI. Ms. Anderson reported instead to another hospital on December 24, 2002, where a physical examination and diagnostic studies revealed an epidural spinal tumor which was compressing her spinal cord. She underwent immediate surgery to relieve the spinal compression and remained at the hospital until December 30th. Ms. Anderson alleges that the VA Hospital failed to recognize the symptoms of progressive spinal cord compression due to an epidural spine tumor which developed as a result of her known cancer. She alleges that as a result of the negligent care she received at the VA Hospital, she had to undergo emergency surgery on her spine, and she contends that notwithstanding this emergency surgery, the defendant's negligence left her with significant and permanent neurologic deficits, severe and permanent disability, unending pain and emotional

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anguish. On December 17, 2003, Ms. Anderson filed a claim with the Veterans Administration in Baltimore. Her claim proceeded through the administrative process, including significant settlement discussions, until it was denied as not amenable to administrative resolution by letter dated September 26, 2007. She filed suit in this court on January 2, 2008. The government then filed a motion to dismiss arguing that Ms. Anderson had failed to file a claim and an expert certificate with the Maryland Health Care Alternative Dispute Resolution Office ("HCADRO"), as required by Maryland's Health Care Malpractice Claims Act ("HCMCA"), found at Md. Code, Cts. & Jud. Proc.

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