OAG seeks dismissal of lawsuit vs CHCC, 2 doctors

The Office of the Attorney General has sought the dismissal of a lawsuit filed by former representative Ana S. Teregeyo against the Commonwealth Healthcare Corp., CHCC chief executive officer Esther L. Muna and two doctors over alleged negligence that caused her left knee and leg to become infected, necessitating five surgeries and an artificial knee replacement.

Assistant attorney general David Lochabay said Teregeyo’s complaint should be dismissed for lack of subject matter jurisdiction, insufficiency of service, and failure to state a cause of action.

In her reply, Teregeyo stated that she filed her complaint based on her understanding of Public Law 16-51, which states in part that CHCC can sue and be sued without any reference to a 90-day requirement.

If it is indeed a requirement, Teregeyo said she is willing to agree to the dismissal of her complaint but without prejudice, which means she can re-file it.

“I believe the statute of limitations will not expire upon the refilling of my complaint, and I would appreciate your drafting the stipulation to dismiss without prejudice, “ the former lawmaker told Lochabay in a letter.

Lochabay said CHCC, a public corporation, cannot be sued in tort without first having presented any claim to the attorney general.

Lochabay said Teregeyo has not presented her claim to the AG at least 90 days prior to filing her lawsuit. He said the OAG has not been served with the original summons and complaint nor with a summons and amended complaint.

He said it is unclear whether the other defendants—Muña, Dr. Greg Kotheimer, and Dr. Sherleen Osman—have been sued in their official or individual capacities.

“There are no facts pleaded anywhere in the amended complaint against these defendants, in their official or individual capacities. They are, therefore, entitled to dismissal from this action,” Lochabay said said.

Teregeyo’s original lawsuit named CHCC, Muña, and some medical staff officers as defendants.

She then amended it to include Kotheimer and Osman. Kotheimer is the acting chief of staff for CHCC, while Osman is the acting director of Medical Affairs for CHCC.

Teregeyo later amended her lawsuit again by adding Benjamin J. Hochhalter as co-defendant with CHCC, Muña, Kotheimer and Osman. She also corrected Osman’s name.

Teregeyo said Hochhalter, a physician assistant, failed to diagnose and properly and timely intervene in the management of her surgical incision.

She said CHCC “failed to act in a manner set forth in the CHCC hospital bylaws, thus denying her orthopedic surgeon doctor the ability to care for her left knee and leg during her post-operative care recovery.”

Teregeyo asked the Superior Court to hold the defendants liable to pay her in unspecified amount of damages for pain and suffering, mental anguish, and expenses.