Jose M. Arvayo, Etc. v. United States

BARRETT, Circuit Judge.

This malpractice case against the United States was commenced by Jose and Tina Arvayo under the Federal Tort Claims Act (FTCA) on behalf of their son, Jose, Jr. Following trial to the court, damages in amount of $1,950,000 were awarded in the Arvayos’ favor. 580 F.Supp. 753. The dis-positive issue on appeal is whether the administrative claim filed by the Arvayos was timely.1

The relevant facts are not in dispute. On January 30, 1979, Tina Arvayo brought Jose, Jr., then five months old, to Dr. De-Poe at the McConnell Air Force Base Hospital because he was cranky and had…