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Verdicts

By ALM Staff | Law Journal Newsletters |
August 02, 2014

Because of Diligence/Discovery Rule, FTCA Claim Not Time-Barred

The U.S. District Court for the Western District of New York has declined to dismiss a case brought under the Federal Tort Claims Act. (FTCA) for failure to timely file, as the parents of the injured child had reason to believe that their daughter's problems developed in utero, and they were not put on notice until many years after discovering her injuries that they could have been caused by substandard medical care. A.E.F., an Infant v. USA, 13-CV-285, NYLJ 1202658095627, at *1 (WDNY, Decided May 30, 2014).

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