Sha v. Memorial Sloan Kettering Cancer Center
Docket: Docket No. 01-7696
Court: Court of Appeals for the Second Circuit; March 18, 2002; Federal Appellate Court
The judgment of the district court is affirmed regarding Ayva S. Sha's appeal against Memorial Sloan Kettering Cancer Center and associated medical personnel. Sha, who received treatment for ovarian cancer in 1995 and 1996, alleged that non-diseased organs were removed without her informed consent, claiming her disabilities (dyslexia and attention deficit disorder) affected her ability to provide consent. Her suit included claims under 42 U.S.C. § 1983, the Rehabilitation Act, the Americans with Disabilities Act (ADA), and state medical malpractice laws. Defendants moved to dismiss or for judgment on the pleadings, resulting in a November 29, 2000 order that dismissed all claims except for the ADA claim against Memorial. Following discovery, on May 4, 2001, the court granted summary judgment for Memorial, stating that under the ADA, a request for accommodation must be made, and the record showed Sha had not made such a request. During oral arguments, Sha conceded that her claims against individual Defendants under the ADA were abandoned. The appellate court affirmed the district court's dismissal of all remaining claims under the ADA, Rehabilitation Act, and § 1983, agreeing with the district court's reasoning. As all federal claims were dismissed, the appellate court declined jurisdiction over her state law malpractice claims, affirming their dismissal as well. Sha's earlier motion for reconsideration was denied by the district court.