John Barren, an Incompetent, by His Guardian, Henrietta Barren v. United States

I have no disagreement with Judge Cow-en or Judge Sloviter concerning the general rule governing the statute of limitations for medical malpractice under the Kubrick standard — the two year statute of limitations begins to run when a reasonable person should have known of the injury and its cause. Moreover, I freely concede that, generally speaking, the jurisprudence construing the statute of limitations under the Federal Tort Claims Act (FTCA) is not very pliable. The caselaw does not admit of tolling the limitations period by reason of infancy or mental disability or a number of other…