Medical malpractice and the FTCA: the statute of repose trap

Cogan’s Corner

By Michael Paul Cogan

Michael Paul Cogan, co-founder of Cogan & Power, P.C., practices as a trial attorney who primarily represents victims of medical negligence and defective medical products. He actively participates in the Society of Trial Lawyers, Illinois Trial Lawyers Association, American Association for Justice and Illinois State Bar Association.

Posted January 29, 2014 2:23 PM

Consider this a heads up. With courts around the nation divided, the 7th U.S. Circuit Court of Appeals has sprung the trap; state statutes of repose on medical-malpractice cases can serve as a bar to Federal Tort Claims Act (FTCA) claims on behalf of an unwitting plaintiff who has followed the procedural steps dictated by the statute. Let me give you a bit of background, as I am no stranger to this scenario. The United States has waived its sovereign immunity in cases falling within the provisions of the FTCA that …

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