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.