S.H. ex rel. Holt v. United States

Concurrence by Judge GRABER

OPINION

LUCERO, Circuit Judge:

In Sosa v. Alvarez-Machain, 542 U.S. 692, 124 S.Ct. 2739, 159 L.Ed.2d 718 (2004), the Supreme Court held that the foreign country exception to the Federal . Tort Claims Act (“FTCA”) “bars all claims based on any injury suffered in a foreign country.” Id. at 712, 124 S.Ct. 2739. The Court left unanswered, however, the issue *1058currently before us: How to determine where an injury is “suffered.” We hold that an injury is suffered where the harm first “impinge[s]” upon the body, even if it is later diagnosed elsewhere. See Restatement (First)…