“The Anderson court determined that, even if a plaintiff complies with the FTCA’s statute of limitations, ‘an FTCA claim does not lie against the United States where a statute of repose would bar the action if brought against a private person in state court,'” the panel stated. “Accordingly, state statutes of repose apply to FTCA claims and are not preempted by the FTCA’s statute of limitations.”
Decision Without Oral Argument
Neither Baldwin nor the government presented oral arguments prior to the Wednesday decision. The panel determined that the relevant facts and legal arguments were sufficiently addressed in the briefings, making the scheduled oral arguments unnecessary.
Navy Hospital Gangrene Suit : Legal Representation and Response
Counsel for Baldwin, Edward P. Yount of R. Steve Bowden & Associates, did not immediately respond to a request for comment. The U.S. Department of Justice, represented by Brian M. Boynton, Daniel Tenny, Maxwell A. Baldi, Michael F. Easley Jr., and K. Paige O’Hale, declined to comment.
