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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND
GAIL WILSON, Plaintiff, v. UNITED STATES OF AMERICA, Defendant. Civil Action No. ELH-11-1205

MEMORANDUM OPINION Gail Wilson, plaintiff, alleges medical malpractice committed by three federallyemployed physicians who, in 2006 and 2009, participated in two surgical procedures on her right foot, as well as post-operative care. The United States has moved to dismiss for lack of subject matter jurisdiction, pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure. The motion has been fully briefed,1 and no hearing is necessary to resolve it. See Local Rule 105.6. For the reasons that follow, I will grant the motion in part and deny it in part. In particular, with respect to the first surgery, which was performed by Dr. Janette A. Thompson on July 26, 2006, the government's motion will be granted. However, the government's motion will be denied with respect to plaintiff's claims regarding the second surgery, performed b y Dr. Donald H. Gottlieb on May 28, 2009, and the associated post-surgical care provided by Dr. Ngozi E. Ezeude. Background The underlying facts and procedural history are summarized in the Court's Memorandum Opinion of September 23, 2011 (ECF 21), reported as Wilson v. Gottlieb, 821 F. Supp. 2d 778 I considered the government's motion ("Motion") (ECF 24), plaintiff's opposition ("Opp.") (ECF 29), and the government's reply ("Reply") (ECF 32), along with various exhibits.
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(D. Md. 2011) ("Wilson II").2 In brief, Dr. Thompson, along with another physician, Dr. John J. Motray,3 performed the first surgery on plaintiff's right foot on July 26, 2006. ECF 2 at 2. The government states that the first surgery was a "plantar fascia release," Motion at 2, but there are few details in the record about it. According to plaintiff, the operation was performed "due to complications with her foot," but it "was not successful and no follow-up procedures were required by the physicians." Id. Almost three years later, on May 28, 2009, Dr. Gottlieb performed the second surgery on plaintiff's right foot, to correct a "possible nerve entrapment." Id. During several post-operative examinations conducted by Dr. Ezeude, plaintiff complained of "inflammation and severe pain at and around the surgical site." Id.; see also ELH-10-2385, ECF 1

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