United States Second Circuit

In case involving a severely brain-damaged seven-year-old, dismissal of plaintiffs' claims under Federal Tort Claims Act for failure to file an administrative notice of claim within two years after her cause of action accrued is vacated and remanded so that the district court may develop the record sufficiently to determine the accrual date of plaintiffs' malpractice claim.

Appellate Information

• Decided 02/29/2008
• Published 02/29/2008

Judges

• KORMAN, District Judge., Before:  McLAUGHLIN and RAGGI, Circuit Judges, and KORMAN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Annette G. Hasapidis, Law Offices of Annette G. Hasapidis, South Salem, NY, for Plaintiffs-Appellants.


• For Appellees:
  
• Heather K. McShain, Assistant United States Attorney (Sara Shudofsky, on the brief), Michael J. Garcia, United States Attorney for the Southern District of New York, New York, NY, for Defendant-Appellee.