No. 17-1810, 18-1936

HOSPITAL SAN ANTONIO, INC., or alternatively, John Doe Corporation, d/b/a Hospital San Antonio,

Defendant, Appellant, DR. OSVALDO QUILES-GIOVANNETTI; NATIONAL FIRE & MARINE INSURANCE COMPANY; SINDICATO DE ASEGURADORES PARA LA SUSCRIPCION CONJUNTA DE SEGUROS DE RESPONSABILIDAD PROFESIONAL MEDICO-HOSPITALARIA (SIMED); MARKETFORM MANAGING AGENCY LIMITED ON BEHALF OF SYNDICATE 2468; JANE DOE; CONJUGAL PARTNERSHIP DOE-QUILES; JOHN DOES 1, 2, AND 3; CORPORATIONS A, B, AND C; UNKNOWN INSURANCE COMPANIES A THROUGH H,

Defendants,

v.

JESSICA OQUENDO-LORENZO, personally and on behalf of her conjugal partnership with Rolando Lopez-Montanez; ROLANDO LOPEZ- MONTANEZ, personally and on behalf of his conjugal partnership with Jessica Oquendo-Lorenzo; CONJUGAL PARTNERSHIP LOPEZ- OQUENDO,

Plaintiffs, Appellees.

APPEALS FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO

[Hon. Bruce J. McGiverin, U.S. Magistrate Judge]

Before

Kayatta and Howard, Circuit Judges.*

* Judge Torruella heard argument in these appeals, but did Carlos G. Martínez-Vivas, with whom Martinez-Texidor & Martínez-Vivas was on brief, for appellant.

David Efron, with whom Alberto J. Pérez Hernández, Etienne Totti Del Toro, and Law Offices David Efron, PC were on brief, for appellees.

August 25, 2022

not participate in the decision. HOWARD, Circuit Judge. Before us are consolidated appeals of a final judgment entered by the district court and the court's subsequent denial of a Rule 60(b) motion. This case involves two Puerto Rico statutes -- Article 41.050 of the Puerto Rico Insurance Code, P.R. Laws Ann. tit. 26, § 4105, which immunizes a set of healthcare workers from suit, and Section 3077, which waives Puerto Rico's sovereign immunity and establishes liability caps in certain circumstances. P.R. Laws Ann. tit. 32, § 3077. The question before us is whether appellant, Hospital San Antonio, Inc., benefits from the liability limits in Section 3077. We affirm the district court's final judgment below. We also affirm the district court's denial of appellant's Rule 60(b) motion.

I.

A. Factual Background

In July 2013, Jessica Oquendo-Lorenzo -- then pregnant -- visited Dr. Osvaldo Quiles-Giovannetti for a prenatal exam. After examining Oquendo-Lorenzo, Dr. Quiles ordered her admission to San Antonio Hospital. San Antonio Hospital is a public hospital owned by the Municipality of Mayagüez. San Antonio Hospital is operated by Hospital San Antonio, Inc. ("HSA"), a private corporation organized under the laws of the Commonwealth of Puerto Rico.

- 3 - The next day, Dr. Quiles ordered a cesarean section on Oquendo-Lorenzo, resulting in the birth of Oquendo-Lorenzo's daughter, J.L.O. J.L.O. was admitted to the neonatal intensive care unit at San Antonio Hospital and ultimately transferred to the University Pediatric Hospital at Centro Medico in San Juan, Puerto Rico, until she was discharged in January 2014. That August, J.L.O. died.

Oquendo-Lorenzo and Rolando López-Montañez, J.L.O.'s father, (collectively, "Oquendo") brought a medical malpractice suit against HSA, Dr. Quiles, and their insurance carriers, alleging that J.L.O.'s birth injuries and death resulted from negligence on the part of Dr. Quiles and hospital staff.