I looked at the final motion to dismiss document and boy did she get bad legal advice. The lawyer tried a Bivens case against the hospital... which any lawyer will tell you is an impossibility. Bivens cases are just about impossible to win under any circumstances, but trying to do a Bivens against a non-federal officer is a guaranteed loss.

To have won this case against the agents would have required piercing qualified immunity which is very tough (you have to prove intentional misconduct... just being incompetent isn't enough in most cases).

She would have been better off pursuing a medical malpractice case against the hospital and/or doctor to be able to get any kind of relief.