Birth defect claim barred by FTCA statute of limitations

Federal Courts

By Jay S. Judge

Jay S. Judge, a name partner of Judge, James, Hoban & Judge LLC in Park Ridge, is a defense attorney who specializes in trials, appeals and insurance coverage. Judge graduated with honors from The John Marshall Law School and served as editor-in-chief of the school’s law review.

Posted March 16, 2021 11:01 AM

Today’s 7th U.S. Circuit Court of Appeals case involves the application of the two-year statute of limitations of the Federal Tort Claims Act in the case of a birth defect arising from the baby’s delivery with an arm injury that turned out to be permanent.The issue addressed by the court was on which date the two-year statute began to run: on the date of birth when the left arm injury was seen and known or on the date the child’s mother consulted an attorney to sue.In P.W. by Woodson v. United States, 2021 WL 836720 (7th …

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