Verdicts

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).

In this action for medical malpractice, a child was born via breach birth. She initially developed normally, but shortly before her second birthday her parents observed that she walked oddly. She was seen by several medical professionals, including a pediatrician, and was eventually diagnosed on June 12, 2007 by another doctor, Dr. Ferrick. The diagnosis was bilateral hip dysplasia and bilateral dislocated hips. Dr. Ferrick told the child's parents that these conditions likely developed in utero. In 2011, when the child's grandfather, who had hip problems of his own, suggested that her hip problems might have been the result of medical malpractice, the parents began pursuing the possibility of seeking compensation. Because the pediatrician and the hospital at which the child was treated were agents of the federal government, the child and her parents lodged a claim against the United States in 2012, in accordance with the FTCA.