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Arroyo v. United States

United States Court of Appeals for the Seventh Circuit

656 F.3d 663 (2011)

Relevant factsFree

Christian suffered severe brain damage after treating physicians failed to diagnose and treat a bacterial infection at birth; his parents (plaintiffs) weren't told at discharge that his injuries could have been prevented, and only learned this during a subsequent son's birth the following year, prompting their FTCA suit against the federal government (defendant) as the funder of the treating clinic.

IssueFree

Whether, under the Federal Tort Claims Act, the two-year statute of limitations begins to run when either the plaintiff discovers information that the government may have caused the injury or a reasonable person in the plaintiff's position would have acquired sufficient knowledge to make a deeper inquiry into a potential government cause of the injury.

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