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Cepeda v. U.S.

Bid to Amend FTCA Suit Against VA to Assert Lack of Informed Consent Is Denied as Futile

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OPINION AND ORDER Plaintiff Yesenia Cepeda brings this action against the United States under the Federal Tort Claims Act (“FTCA”), alleging medical malpractice in connection with a surgery performed at the James J. Peters VA Medical Center in Bronx, New York (“Bronx VA”) in May 2017. Before the Court is Plaintiff’s motion for leave to file a Third Amended Complaint, which would add a new cause of action for lack of informed consent. Because that proposed amendment would be futile, the Court denies Plaintiff’s motion. I. Background A. Factual Allegations The following background is taken from Plaintiff’s allegations in the Second Amended Complaint, filed on January 24, 2020, which is the operative complaint at this point. Second Amended Complaint, Dkt. 56 (“SAC”). These factual allegations are assumed only for purposes of the instant motion. Plaintiff, a former Army Reservist, suffered an injury to her spine after a car accident in 2009. Id.

13, 22-23. With her back pain, neck pain, and headaches worsening, Plaintiff received treatment through the health care system of the Department of Veterans Affairs (“VA”). Id.

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