Articles Posted in Federal Tort Claims Act

Doe’s mother received some of her prenatal care at a federally funded healthcare program. Doe’s mother was admitted to a hospital for induction of labor at more than 40 weeks gestation.

The next day, the fetal monitor allegedly showed prolonged and late decelerations. Approximately two hours later, Baby Doe was delivered by cesarean section.

Doe’s Apgar scores were 1 at 1 minute and 4 at 5 minutes. He was diagnosed as having suffered hypoxic-ischemic brain damage. Doe is now 5 years old and requires 24/7 care. Doe’s family and guardians filed a lawsuit against the United States under the Federal Tort Claims Act. The family alleged negligence by one provider and the hospital. The suit also alleged negligence by another provider and maintained that the provider failed to perform a timely cesarean section that would have prevented the child’s brain damage.
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A federal district court judge has ruled that the two-year statute of limitations for Dominique Woodson’s medical malpractice claim against the United States under the Federal Tort Claims Act (FTCA) started running on Dec. 7, 2013. Her son, P.W., was born with a left arm that “sagged down to his side.”

According to Woodson, the allegedly negligent doctor, Keith Ramsey M.D., told P.W. “may get better” and that he “may grow into it.”

On appeal to the 7th U.S. Circuit Court of Appeals from an order that granted the government’s request for summary judgment, Woodson argued the discovery date was May 30, 2014, when she hired an attorney. If so, her FTCA notice of claim, dated Feb. 19, 2016, was on time. However, the 7th Circuit affirmed the dismissal with a dissent.
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