A.Q.C. Ex Rel. Castillo v. United States

GERARD E. LYNCH, Circuit Judge:

Plaintiff-appellant A.Q.C., by her mother and natural guardian Paquita Castillo, brought this medical malpractice action under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346, 2401, 2671-2680. The merits of that claim are not before us; instead, we must determine whether it is “forever barred” by the FTCA’s two-year limitations period. See 28 U.S.C. § 2401(b).

We find that A.Q.C.’s claim accrued no later than February 2006, when Ms. Castillo consulted an attorney, diligently acting on information received in December 2005, when an early intervention…