District Judge David N. Hurd1 DECISION and ORDER I. INTRODUCTION On February 10, 2006, plaintiff Janice Harrington (“Harrington” or “plaintiff”) went into labor at Crouse Hospital (“Crouse”) in Syracuse, New York. Dkt. No. 1. Plaintiff gave birth to a healthy baby girl. Id. But the birth did not go as planned. Id. Harrington wanted an unmedicated and unassisted birth. Dkt. No. 1. Instead, plaintiff was given an episiotomy.2 Id. According to plaintiff, she received the procedure without her knowledge or consent. Id. In the years that followed, plaintiff suffered complications from the episiotomy until she underwent corrective colorectal surgery in late 2019. Id. On November 23, 2023, more than sixteen years later, Harrington filed this diversity action against Crouse and her treating physician, Byoung Ryu, M.D. (“Dr. Ryu”) (collectively “defendants”).3 Dkt. No. 1. Plaintiff brings her lawsuit pursuant to New York Civil Practice Law and Rules (“CPLR”) §214-J (the “Adult Survivor’s Act” or the “Act”). Id. Harrington’s three-count complaint asserts claims for sexual assault, battery, and intentional infliction of emotional distress (“IIED”). Dkt. No. 1. Defendants have moved to dismiss pursuant to Federal Rule of Civil Procedure (“Rule”) 12(b)(6). Dkt. Nos. 7, 9. The motions have been fully briefed, Dkt. Nos. 17-20, and will be considered on the basis of the submissions and without oral argument. II. BACKGROUND Harrington became pregnant in 2005. Compl. 7. From the start of her pregnancy, plaintiff educated herself about the different methods and procedures used during delivery. Id. 8. In addition to doing her own research, plaintiff had also been exposed to Obstetrics/Gynecology (“OB/GYN”) resident physician’s (“resident(s)”) discussions on these methods and procedures. Id. As a result, plaintiff was certain about the type of birth she wanted: a “natural” i.e., an unmedicated and unassisted birth. Id. Harrington was exposed to OB/GYN residents because her then-husband and her child’s father, Christopher Medina, M.D. (“Medina”), was an OB/GYN resident at Crouse from 2004 to 2008. Id. 6. Early in plaintiff’s pregnancy, Medina insisted that plaintiff leave her current OB/GYN and become a patient of Dr. Ryu — Medina’s supervising physician and an instructor in the residency program. Id. 9. But Harrington wanted a midwife to deliver her baby. Compl. 10. This was a preference that plaintiff’s existing OB/GYN could honor because the practice used midwives for their patient’s deliveries. Id. Plaintiff was also uncomfortable delivering with Dr. Ryu at Crouse because her husband worked there, and plaintiff knew many of the hospital staff. Id.
12-13. Medina did not respect his wife’s concerns. Compl. 14. Instead, Medina told Harrington that he was worried for the baby’s health if Dr. Ryu did not deliver it. Id.
