Santos Ex Rel. Beato v. United States

I respectfully dissent.

I agree with the majority’s statement of the facts and characterization of the issues before us. The first disputed issue, whether in any circumstance there can be equitable tolling of the FTCA’s limitations period, is complicated and has created a significant circuit split.

In Irwin v. Department of Veterans Affairs, 498 U.S. 89, 111 S.Ct. 453, 112 L.Ed.2d 435 (1990), the Supreme Court held that non-jurisdictional statutes of limitations governing actions against the United States are subject to “the same rebuttable presumption of equitable tolling applicable to suits…