Morales-Melecio v. United States

OPINION AND ORDER

SALVADOR E. CASELLAS, United States Senior District Judge

In United States v. Kubrick, the Supreme Court held that, in medical malpractice claims against the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 2401(b), 2671-2680 (FTCA), the statute of limitations begins to run “when the plaintiff knows both the existence and the cause of his injury.” 444 U.S.- 111, 113, 100 S.Ct. 352, 62 L.Ed.2d 259 (1979); see also Skwira v. United States, 344 F.3d 64, 73 (1st Cir.2003). The resolution of this case requires a careful analysis of what constitutes knowledge of the…