PETER CAMERANO, Personal Representative of the Estate of Patrick Camerano, Plaintiff, Appellant,
UNITED STATES OF AMERICA, Defendant, Appellee.
FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
MASSACHUSETTS [Hon. F. Dennis Saylor IV, U.S. District Judge]
C. Federico and Shaines & McEachern, PA on brief for
Rayford A. Farquhar, Assistant United States Attorney, and
Carmen M. Ortiz, United States Attorney, on brief for
Torruella, Selya, Kayatta, Circuit Judges.
KAYATTA, Circuit Judge.
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,
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
■ 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
■ 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
■ 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