Legal Opinion

Gonzalez v. United States

Court of Appeals for the First Circuit

Decided April 1, 2002No. 00-2352PublishedCited by 151 opinions

1Opinion of the Court

BOWNES, Senior Circuit Judge.

This is a medical malpractice case brought by plaintiff-appellant, Catherine Gonzalez, individually and on behalf of her daughter, Kiana Rios, who was born with various health problems on October 27, 1995. The district court dismissed the suit against the defendant-appellee United States because the plaintiff failed to file a timely administrative claim as required pursuant to the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 2401(b).

The plaintiff presents three arguments on appeal. First, she argues that under the discovery rule, she timely filed her claim…

2Cases cited29 opinions

  1. United States v. KubrickSupreme Court of the United States · 1979
  2. Urie v. ThompsonSupreme Court of the United States · 1949
  3. Ellis v. CassidyCourt of Appeals for the Ninth Circuit · 1980
  4. Valentin-De-Jesus v. United HealthcareCourt of Appeals for the First Circuit · 2001
  5. Elias Attallah, Violeta Lajam De Attallah, and the Conjugal Partnership They Comprise v. United StatesCourt of Appeals for the First Circuit · 1992

24 more not listed; retrieve them via the Exa API.

3Cited by151 opinions

  1. Jeanina Celestine v. Mount Vernon Neighborhood Health Center, United States of America, No. 04-0839-CvCourt of Appeals for the Second Circuit · 2005
  2. Aguilar v. United States Immigration & Customs Enforcement Division of the Department of Homeland SecurityCourt of Appeals for the First Circuit · 2007
  3. Santos Ex Rel. Beato v. United StatesCourt of Appeals for the Third Circuit · 2009
  4. Rakes v. United StatesDistrict Court, D. Massachusetts · 2005
  5. McIntyre v. United StatesCourt of Appeals for the First Circuit · 2004

146 more not listed; retrieve them via the Exa API.

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