Mark S. Gustavson, Personal Representative of the Estate of Terry Don Newcomb, Deceased v. United States

LOGAN, Circuit Judge.

This appeal arises out of a suit brought under the Federal Tort Claims Act by Terry Don Newcomb and continued by the representative of his estate after Newcomb’s death. The trial court granted summary judgment in favor of the United States, holding that the claim is barred by the statute of limitations. See 28 U.S.C. § 2401(b). On appeal Newcomb’s representative seeks to avoid application of the limitations statute on the grounds that he reasonably failed to draw a causal link between his injury and some of the negligent diagnoses by military doctors until within two…