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SUERO-ALGARÍN v. CMT HOSP. HIMA SAN PABLO CAGUAS

No. 17-1851.

957 F.3d 30 (2020)

José SUERO-ALGARÍN, Plaintiff, Appellee, v. CMT HOSPITAL HIMA SAN PABLO CAGUAS, Defendant, Appellant, Turabo Vascular Group, PSC; Dr. Luis Aponte-López; Jane Doe; Conjugal Partnership Aponte-Doe; Companies A-Z; John Doe; Rose Roe; Dr. Ricardo Roca; Griselda Roca, Wife of Dr. Ricardo Roca; Conjugal Partnership Roca-Roca, Defendants.

United States Court of Appeals, First Circuit.

April 20, 2020.

Attorney(s) appearing for the Case

Heidi Rodríguez-Benítez , with whom Roberto Ruiz-Comas , San Juan, PR, and RC Legal & Litigation Services, P.S.C. were on brief, for appellant.

Pedro F. Soler-Muñiz , Guaynabo, PR, with whom Alejandra C. Martínez-Méndez , Alejandro J. Fernández , and Alejandro J. Fernández-Muzaurieta , San Juan, PR, were on brief, for appellee.

Orlando H. Martínez-Echeverría , San Juan, PR, with whom Orlando H. Martínez Echeverría Law Office LLC were on brief, for Association of Hospitals of Puerto Rico, Inc., amicus curiae.

Manuel San Juan-Martinó , with whom Carlos A. Del Valle-Cruz , Mayaguez, PR, Del Valle Law, and Rafael E. García-Rodón , were on brief, for Association of Victims of Medical Malpractice, amicus curiae.

Eugene F. Hestres-Vélez , San Juan, PR, with whom BBH LLC was on brief, for Puerto Rico Medical Defense Insurance Company, amicus curiae.

Before Torruella, Lipez, and Thompson, Circuit Judges.

Oscar Suero-Durán ("Suero-Durán") died from complications relating to the removal of his dialysis catheter at Defendant-Appellant Hospital HIMA San Pablo Caguas's ("HIMA") facility. Suero-Durán's son, Plaintiff-Appellee José Suero-Algarín ("Suero-Algarín"), filed a suit for damages in the U...

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