Meghan Corinne Jablonski, a Minor, by Her Guardian Ad Litem, Isobel C. Pahls v. United States

WALLACE, Circuit Judge:

Meghan Jablonski (Meghan), a minor, brought suit under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b) & 2671-80 (the Act), for the wrongful death of her mother, Melinda Kimball. Kimball was murdered by the man she was living with, Phillip Jablonski. Meghan charged that psychiatrists at the Loma Linda Veterans Administration Hospital (the hospital) committed malpractice proximately resulting in her mother’s death. The case was tried before the district judge who decided in favor of Meghan.

On appeal, the government first claims that Meghan’s suit is barred by…