Steven W. Winter, a Single Person,plaintiff-Appellant v. United States of America,defendant-Appellee

MICHAEL DALY HAWKINS, Circuit Judge:

Steven W. Winter appeals the district court’s grant of summary judgment in his medical malpractice action pursuant to the Federal Tort Claims Act (“FTCA”), regarding his participation in a research study on paraplegics conducted by the Department of Veterans’ Affairs (VA). We agree with the district court that Winter’s FTCA claim did not accrue more than two years before the filing of Winter’s administrative complaint. However, because of the unusual procedural posture of this case, we reverse the district court’s grant of summary judgment and remand for…