Urizar-Mota et al vs. United States Of America

Case Background

On April 7, 2021, Plaintiff Lucia Urizar-Mota and others filed a Medical Malpractice lawsuit in the United States District Court for the District of Rhode Island (Case number: 1:21cv155). This case was assigned to Chief Judge John J. McConnell, Jr. And referred to Magistrate Judge Patricia A. Sullivan.

Cause

On November 14, 2012, Lucia Urizar-Mota visited Providence Community Health Center seeking medical treatment for a severe headache. Over the next seven years, she consistently returned to the health center, reporting worsening and persistent headaches. Despite her repeated complaints, the medical providers failed to order imaging studies, such as a CT scan or MRI, to identify the cause of her symptoms.

On June 19, 2019, Lucia once again attempted to seek medical care at the health center. While waiting on the premises, she passed out in her car. Emergency Medical Services transported her to the Rhode Island Hospital Emergency Department, where she arrived with a severe headache and vomiting.

At the hospital, medical professionals performed a CT scan, which revealed a brain tumor—juvenile pilocytic astrocytoma. The tumor caused significantly dilated ventricles, blood clots, and diffuse brain pressure. Blood had pooled in multiple regions, including the third and fourth ventricles, signaling a life-threatening condition.

On June 24, 2019, surgeons performed an operation to remove the brain tumor. Following surgery, Lucia suffered a cerebellar stroke, which caused permanent brain damage. A post-operative MRI confirmed injuries to critical neural connections between the cerebellum and brainstem. Providence Community Health Center’s records showed that its providers never ordered brain imaging, despite years of persistent symptoms. This failure to diagnose the brain tumor led to a delayed diagnosis, resulting in permanent disability and significant harm.

Injuries

Lucia Urizar-Mota suffered catastrophic injuries due to the delayed diagnosis of her brain tumor. The juvenile pilocytic astrocytoma caused severe brain pressure and damage, leading to debilitating symptoms. After the brain tumor resection, she experienced a cerebellar stroke, which left her with permanent injuries. Lucia now experiences persistent headaches, involuntary twitching, and trembling in her left extremities. She suffers from significant balance issues, which impair her ability to walk without assistance. Additionally, her vision problems further restrict her independence. She cannot perform household responsibilities or manage daily activities without support. The brain damage caused Lucia chronic pain, emotional distress, and a profound loss of enjoyment of life. Her condition left her dependent on others for basic care, dramatically reducing her quality of life.

Damages

Providence Community Health Center’s negligence caused Lucia Urizar-Mota to suffer severe damages. She endured chronic physical pain, emotional suffering, and a permanent loss of functionality due to the delayed diagnosis of her brain tumor. Her inability to perform daily tasks disrupted her life and left her reliant on family members. Lucia’s medical expenses increased significantly because of emergency care, imaging studies, surgery, and post-operative therapy. These costs included hospitalization, medications, physical therapy, and long-term follow-up care to manage her brain injuries.

Her husband, Sergio Reyes, experienced the loss of his wife’s companionship, comfort, and support. Their children—Delmy Reyes, Sergio Reyes Jr., Wilmer Reyes, and Gerson Reyes—suffered a profound loss of parental care, love, and society due to Lucia’s inability to fulfill her role as a mother. The plaintiffs faced immense financial burdens and emotional suffering, all caused by the health center’s failure to diagnose the brain tumor in a timely manner.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Lucia Urizar-Mota | Sergio Reyes | Delmy Reyes | Sergio Reyes | Gerson Reyes | Wilmer Reyes
    • Counsel for Plaintiff: Katelyn M. Revens | Amato A. DeLuca
  • Defendant(s): United States of America
    • Counsel for Defendants: Kevin Love Hubbard | Kevin Bolan

Claims

Lucia Urizar-Mota and her family filed a medical malpractice lawsuit against the United States under the Federal Tort Claims Act (FTCA). They alleged that Providence Community Health Center, as a federally funded facility, failed to provide proper medical care, resulting in a delayed diagnosis of juvenile pilocytic astrocytoma.

The plaintiffs asserted the following claims:

Medical Malpractice and Negligence:

The health center’s providers failed to meet the standard of care by neglecting to order brain imaging, which could have identified the tumor sooner. This failure caused irreversible harm.

Lack of Informed Consent:

The defendants did not inform Lucia of her treatment options or the risks of delaying diagnostic imaging. Had they explained the consequences, Lucia would have sought proper evaluations earlier.

Negligent Treatment and Failure to Diagnose:

The health center’s providers ignored Lucia’s repeated complaints of severe headaches. Their failure to diagnose the brain tumor resulted in permanent brain damage.

Loss of Consortium:

Sergio Reyes and their children suffered significant emotional and financial harm due to Lucia’s injuries.

The plaintiffs argued that the defendants’ negligence and failure to diagnose the brain tumor in a timely manner caused Lucia’s permanent injuries and profound suffering.

Defense

The United States denied liability for the claims of medical malpractice and negligence. The defense acknowledged that Providence Community Health Center was a federally qualified health center but argued that its providers acted reasonably and within medical standards.

The government contended that no acts or omissions by the health center caused Lucia’s injuries. It argued that external factors, including actions by others or Lucia herself, contributed to the harm. The defense also claimed the plaintiffs failed to mitigate damages, further limiting any recovery.

Additionally, the defense emphasized that the FTCA does not permit punitive damages, interest, or equitable relief. It requested that the court dismiss the complaint and deny all claims.

Jury Verdict

On December 9, 2024, the jury ruled in favor of the plaintiffs, finding that Providence Community Health Center failed to meet the standard of care in treating Lucia Urizar-Mota. The jury determined that the defendants’ negligence, particularly their failure to order brain imaging, caused a delayed diagnosis of the brain tumor. This delay resulted in Lucia’s cerebellar stroke, permanent brain damage, and severe impairments.

The jury awarded the following damages:

  • $3,500,000 to Lucia Urizar-Mota for medical expenses, loss of earning capacity, pain, suffering, and loss of enjoyment of life.
  • $750,000 to Sergio Reyes for loss of consortium, companionship, and support.
  • $1,000,000 combined to the children—Delmy Reyes, Sergio Reyes Jr., Wilmer Reyes, and Gerson Reyes—for the loss of parental care and love.

In total, the jury awarded $5,250,000 to the plaintiffs, acknowledging the severe harm caused by the defendants’ failure to diagnose the brain tumor.

Court Documents:

Documents Available for Purchase upon Request