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Camerano v. United States

United States Court of Appeals, First Circuit

April 19, 2017

PETER CAMERANO, Personal Representative of the Estate of Patrick Camerano, Plaintiff, Appellant,
v.
UNITED STATES OF AMERICA, Defendant, Appellee.

         APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. F. Dennis Saylor IV, U.S. District Judge]

          Daniel C. Federico and Shaines & McEachern, PA on brief for appellant.

          Rayford A. Farquhar, Assistant United States Attorney, and Carmen M. Ortiz, United States Attorney, on brief for appellee.

          Before Torruella, Selya, Kayatta, Circuit Judges.

          KAYATTA, Circuit Judge.

         Plaintiff is the son of the late Patrick Camerano and the personal representative of Patrick's estate. This lawsuit arises out of Patrick's death, which resulted from a fall he suffered while on a "respite/nursing stay" at a facility operated by East Boston Neighborhood Health Center ("EBNHC") at 26 Sturgis Street in Winthrop, Massachusetts.

         The underlying facts of this case are detailed in the district court's published opinion. See Camerano v. United States, 196 F.Supp.3d 172, 175-76 (D. Mass. 2016). In summary, the chronology of relevant events is as follows:

February 24, 2012: When Patrick's second son, Paul-who lived in the same apartment building as Patrick-has to travel to Florida, EBNHC arranges for Patrick to stay temporarily at its Winthrop facility.
February 26, 2012: At approximately three o'clock in the morning, Patrick suffers a fall in the hallway of the Winthrop facility. No witnesses observe Patrick's fall.
February 27, 2012: Patrick begins to display signs of distress and is hospitalized at Boston Medical Center.
February 28, 2012: Plaintiff receives a phone call from an EBNHC nurse, who advises him that Patrick has been involved in an accident and sent to the hospital. Upon further inquiry, the nurse tells plaintiff that Patrick has fallen, but that she is "not totally sure."
February 29, 2012: Patrick is moved to hospice care.
March 1, 2012: Patrick passes away.
■ May 27, 2012: The Commonwealth of Massachusetts issues Patrick's death certificate. The document specifies that he died due to a "subdural hemorrhage" that resulted from an "unwitnessed fall" at a "respite facility" located at "26 ...

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