Mendez v. United States

OPINION

IRVING BEN COOPER, District Judge.

INTRODUCTION

Plaintiff Teresa Martinez (hereinafter “Mrs. Martinez” or “Grandmother”), guardian of minor Luis Antonio Mendez (hereinafter “Tony”), brings this action on behalf of her grandson under the Federal Tort Claims Act (hereinafter “F.T.C.A.”), 28 U.S.C. §§ 1346(b), 2671 et seq. (1988) alleging that he suffered and will continue to suffer mental and physical damage as a result of medical malpractice at the time of delivery. (Feb. Tr. 39; Plaintiff’s Ex. 6) 1 Defendant contends plaintiff’s action is time-barred by the statute of limitations. In…