Legal Opinion
Nancy McGraw Individually and as the Personal Representative of the Estate of Kenneth Place, and Kenneth Place, Estate of v. United States
Court of Appeals for the Ninth Circuit
Decided February 25, 2002No. 00-35514PublishedCited by 21 opinions
1Opinion of the Court
OPINION
McKEOWN, Circuit Judge.
This case calls upon us to refine our longstanding rule regarding the accrual of certain medical malpractice claims brought under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 2671-2680. In Augustine v. United States, 704 F.2d 1074, 1078 (9th Cir.1983), we held that a plaintiff alleging a failure-to-diagnose theory must file an administrative claim with the appropriate government agency, pursuant to 28 U.S.C. § 2401(b), within two years after learning that a pre-existing condition has transmuted into a more serious ailment. We have not, however, had occasion…
2Cases cited8 opinions
- United States v. KubrickSupreme Court of the United States · 1979
- Richard Augustine v. United StatesCourt of Appeals for the Ninth Circuit · 1983
- Roberts v. CorrothersCourt of Appeals for the Ninth Circuit · 1987
- Glynn Richard Davis v. United StatesCourt of Appeals for the Ninth Circuit · 1981
- Dyniewicz v. United StatesCourt of Appeals for the Ninth Circuit · 1984
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Donald L. Snell v. Cleveland, Inc., and Patricia Faber John Does Jane DoesCourt of Appeals for the Ninth Circuit · 2002
- Don Laub Debbie Jacobsen Ted Sheely California Farm Bureau Federation v. United States Department of the Interior Gale A. Norton, Secretary, Department of the Interior United States Environmental Protection Agency Marianne Horinko, in Her Official Capacity as Acting Administrator of the U.S. Epa Department of the Army, (Civil Works) Joseph W. Westphal, Dr., in His Official Capacity as Assistant Secretary of the Army (Civil Works) Donald Evans, in His Official Capacity as Secretary, U.S. Department of Commerce United States Department of Commerce U.S. Department of Agriculture Ann M. Veneman, in Her Official Capacity as Secretary, U.S. Department of Agriculture U.S. Army Corps of Engineers Peter T. Madsen, Brigadier General, in His Official Capacity as Commander, South Pacific Division, U.S. Army Corps of Engineers Natural Resources Conservation Service Charles Bell, in His Capacity as California State Conservationist, U.S. Department of Agriculture, Natural Resources Conservation Service National Marine Fisheries Service Rebecca Lent, Dr., Regional Administrator, National Marine Fisheries Service U.S. Fish & Wildlife Service Stephen Thompson, in His Official Capacity as Manager of California-Nevada Operations of the U.S. Fish & Wildlife Service United States Bureau of Reclamation Kirk C. Rodgers, in His Official Capacity as Director, Mid-Pacific Region of the U.S. Bureau of Reclamation Gray Davis, Governor of the State of California California Resources Agency Mary D. Nichols, in Her Official Capacity as Secretary of the California Resources Agency California Environmental Protection Agency Winston Hickox, in His Official Capacity as Secretary of the California Environmental Protection AgencyCourt of Appeals for the Ninth Circuit · 2003
- Hsien I. Peng v. Mei Chin Penghu Jonathan Hu S. Gage, Los Angeles County Deputy, Badge No. 406857, Sued IndividuallyCourt of Appeals for the Ninth Circuit · 2003
- Marley v. United StatesCourt of Appeals for the Ninth Circuit · 2009
- Marley v. United StatesCourt of Appeals for the Ninth Circuit · 2008
16 more not listed; retrieve them via the Exa API.