OPINION AND ORDER Plaintiffs Joan Mason and William Mason (collectively, “Plaintiffs”) commenced this action on December 7, 2018, in New York Supreme Court, Westchester County, against Dr. Steven Klein (“Dr. Klein”), Montefiore Medical Center and Mount Vernon Neighborhood Health Center, Inc. (“the Health Center”) (collectively, “Defendants”), asserting claims of medical malpractice, negligence, and loss of consortium1 arising from medical care provided to Joan Mason. (See “Complaint,” ECF No. 1-1, Exh. A.) On June 21, 2021, the United States removed the action to federal court under the Public Health Service Act, 42 U.S.C. §233(c), and the Federal Torts Claims Act (the “FTCA”), 28 U.S.C. §2679(d)(2). (“Notice of Removal,” ECF No. 1-2, Exh. B.) Presently before the Court is the United States’ motion to substitute the United States for Defendant Health Center, as the proper party, pursuant to the FTCA, 28 U.S.C. §§1346(b), 2671-2680, and to dismiss Plaintiffs’ claims against the United States under Federal Rule of Civil Procedure 12(b)(1) (“Rule 12(b)(1)”). (ECF No. 14.) For the following reasons, the Court GRANTS the United States’ motion in its entirety. BACKGROUND I. Factual Background The following facts are derived from Plaintiffs’ Complaint (ECF No. 1-1) and are presumed to be true for purposes of this motion. Between June 9, 2016, and January 2017, Defendants jointly, and severally, rendered medical, professional and health-related services, diagnoses, evaluations, analyses, assessments, treatment and surgery to Plaintiff Joan Mason. (Compl. 66.) Plaintiffs allege that Dr. Klein was an employee of and under the supervision of the Health Center when he provided health services to Plaintiff Joan Mason. (Id. 62.) Due to carelessness, negligence, and departures from accepted and proper medical surgical, and other good practices, including lack of informed consent, Defendants deprived Plaintiff Joan Mason of adequate medical, professional, and health-related services, diagnoses, evaluations, analyses, assessments, treatment and surgery, which caused her to sustain serious personal injuries. (Id.
71-72.) Defendants’ conduct caused Plaintiff Joan Mason to sustain serious personal injuries, to endure the concomitant severe and tremendous conscious pain and suffering, mental anguish, loss of enjoyment of life, and to undergo additional medical treatment(s). (Id.
