United States Third Circuit

Dismissal, as untimely, of survival negligence and wrongful death claims brought by the sister of a mentally retarded man and administratrix of his estate against the government and a psychiatrist arising from his death due to allegedly toxic drug dosage is reversed where: 1) the survival claims against the government pursuant to the Federal Tort Claims Act (FTCA) were not time-barred; and 2) her wrongful death claims were timely filed.

Appellate Information

• Argued 06/29/2005
• Decided 09/12/2006
• Published 09/12/2006

Judges

• Before NYGAARD, SMITH, and FISHER, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• James L. Griffith, Esq., (Argued), Fox Rothschild, Philadelphia, PA, for Appellant.


• For Appellees:
  
• K.T. Newton, Esq., (Argued), Office of the United States Attorney, Philadelphia, PA, for Appellee United States of America., Jill B. Clarke, Esq., (Argued), McKissock & Hoffman, Philadelphia, PA, for Appellee Phil Markowitz.