Victor Herrera-Diaz, a Minor, by and Through His Guardian, Janet Mary Herrera-Diaz v. United States of America, Department of the Navy

DAVID R. THOMPSON, Circuit Judge:

Victor Herrera-Diaz, a youngster who suffers from cerebral palsy, appeals from a summary judgment dismissing his action against the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 2671 et seq. The district court concluded that Victor’s medical negligence claim which he filed in 1984 was barred by the two-year statute of limitations of 28 U.S.C. § 2401(b). The court determined the claim accrued in 1978, approximately six months after Victor was born, at which time Victor’s mother discovered that his cerebral palsy probably was caused by a…