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B. Elliot Grysen

GRYSEN & ASSOCIATES

424 Oak Street

Spring Lake, MI 49456

(616) 847-2121

(616) 847-6208 (facsimile)

State Bar No. 011871

elliot@grysenlaw.com

Counsel for Plaintiff

JoJene Mills

Law Office of JoJene Mills, P.C.

1670 East River Road, Suite 270

Tucson, Arizona 85718

(520)529-3200

(520)529-3113 (facsimile)

jmills@jmillslaw.com

Co-Counsel for Plaintiff

UNITED STATES DISTRICT COURT 

DISTRICT OF ARIZONA 

OSCAR JIMENEZ, individually, and on behalf )

of the statutory beneficiaries of )

IRIS JIMENEZ, DECEDENT )

)

Plaintiff, ) No.__________________

)

v. )

)

THE UNITED STATES OF AMERICA )

)

Defendant. ) COMPLAINT

________________________________________ )

Oscar Jimenez, individually and on behalf of all statutory beneficiaries of Iris

Jimenez, Deceased, (“Plaintiff”) by undersigned counsel respectfully alleges as

follows:

1. Plaintiff resides within the State of Arizona.

2. El Rio Community Health Center (hereinafter "El Rio") is in Tucson,

Arizona and is a health center maintained through the authority of the

Department of Health & Human Services of the United States

government.

3. At all times relevant hereto, Arthi Divya Senra, M.D. (hereinafter "Dr.

Senra") was a physician employed by El Rio Community Health Center.

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4. The United States of America is a body politic and through Congress of

the United States of America, authorized its administrative agency,

Health and Human Services, to federally support certain health centers

pursuant to the Federally Supported Health Centers Assistance Act of

1995 (FSHCAA), including El Rio. 

5. This action arises under, and this Court has jurisdiction over Plaintiff’s

claims pursuant to the Federal Tort Claims Act, 28 U.S.C. § 1346(b) and

2671, et seq.

6. At the time of the events set forth herein, El Rio and Dr. Senra were

employees, servants, and or agents of Defendant and were acting within

the course and scope of their employment or agency. 

7. On March 10, 2017, Plaintiff properly filed an administrative tort claim

under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 1346(b), 2401

(b), 2671-2680. A denial of the claim was sent by letter on November 15,

2017, by the Department of Health and Human Services and was

received via certified mail return receipt requested by undersigned

counsel on December 1, 2017. 

8. On or about June 10, 2016, Dr. Senra at El Rio failed to test, diagnose and

treat Iris Jimenez resulting in her death on June 11, 2016.

9. The decedent, Iris Jimenez, is survived by her three (3) adult children

Oscar Jimenez, Eva Jimenez-Galvan, Ana Jimenez; and her mother Eva

Jerez. 

10. Pursuant to the doctrine of Respondeat Superior, Defendant is

responsible for the acts of its employees, servants and/or agents,

including El Rio and Dr. Senra.

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11. Defendant, by and through its agents and or employees had undertaken

to provide health and medical care to Iris Jimenez and was negligent in

the performance of its duties in failing to test, diagnose and treat Iris

Jimenez. 

12. As a direct and proximate result of the negligence of Defendant, Iris

Jimenez died.

13. As a further direct and proximate result of the negligence of the

Defendant, Plaintiff and all statutory beneficiaries have suffered and will

continue to suffer the loss of love, affection, companionship, care,

support, protection, comfort, guidance provided by Iris Jimenez to her

children and Mother. Plaintiff and all statutory beneficiaries will

continue to suffer pain, grief, sorrow, anguish, stress, and mental and

emotional suffering as a result of the death of Iris Jimenez, caused by the

negligence of Defendant. 

14. As a further direct and proximate result of the negligence of Defendant,

Plaintiff has incurred burial and funeral expenses. 

15. The Defendant, by and though its agents and/or employees, owed a

duty to Iris Jimenez to exercise that degree of reasonable care, skill and

prudence possessed by other licensed health care providers under the

same or similar circumstances. 

16. Defendant negligently breached its duty to Iris Jimenez, Deceased and

Plaintiff which resulted in the death of Iris Jimenez and the damages

continued to be suffered by Plaintiff and all statutory beneficiaries. 

17. The care, treatment, management, supervision, and practices by the

Defendant, by and through its agents and/or employees, in its care and

treatment of Iris Jimenez, were negligently, carelessly and unskillfully

performed. The Defendant fell below the standard of care and skill

expected of health care providers in the same or similar circumstances. 

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WHEREFORE, Plaintiff prays for judgment against Defendants as follows:

1. For general damages in the amount to be proven at trial;

2. For special damages, including but not limited to past and future

expenses, and all other expenses associated with the death of Iris

Jimenez;

3. For Plaintiff’s costs herein; and

4. For some other and further relief as the court deems fair and appropriate

and available pursuant to the Federal Tort Claims Act. 

Dated this 16 day of January, 2018. /s/ B. Elliot Grysen 

th

B. Elliot Grysen

Counsel for Plaintiff

C:\Users\Natalie\Desktop\JIMENEZ\COMPLAINT FINAL.wpd

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