Paul Eugene Tessier v. United States

(Retired) .

This is unquestionably a sad case, in which the United States is using the statute of limitations to defeat a meritorious claim. Appellant brought suit under the Federal Tort Claims Act, 28 U.S.C. §§ 1346, 2671 et seq., and offered to prove the following facts:

Exercising his rights as an honorably discharged veteran of World War II, Tessier entered the Veterans’ Administration Hospital in Togus, Maine, for an appendectomy performed there on June 7, 1947. He had undergone no prior abdominal or other major surgery. Appellant was released from the hospital on June 18, 1947. Sometime…