United States Ninth Circuit

A plaintiff who brings a failure-to-diagnose claim under the Federal Tort Claims Act (FTCA), 28 U.S.C. 2401(b), does not "discover" the claim until he not only is aware, or through the exercise of reasonable diligence should have become aware, of the existence of the pre-existing condition, but also learns that the condition has transformed into a more serious ailment.

Appellate Information

• Argued 12/05/2001
• Decided 02/25/2002
• Published 02/25/2002

Judges

• Before:  O'SCANNLAIN, GRABER, and McKEOWN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Larry Zinn, San Antonio, Texas, for the plaintiff-appellant.


• For Appellees:
  
• Eugene A. Studer, Assistant United States Attorney, United States Attorney's Office, Tacoma, Washington, for the defendant-appellee.