6th Circ. Says Time Ran Out On Newborn Brain Damage Claim

July 6, 2021

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Law360 (July 6, 2021, 6:52 PM EDT) — The Sixth Circuit has ended a mother’s malpractice claim against a religious prenatal care facility in Memphis, Tennessee, and its employees over her son’s brain damage during childbirth, finding that, because of its federally designated status, she missed her window to sue under the Federal Tort Claims Act.

The three-judge panel on Friday said that Antoinette Lundy didn’t deserve a pause on the FTCA’s two-year statute of limitations, because she should’ve known that the physicians and health care providers working at Christ Community Health Services were considered federal employees when it comes to malpractice lawsuits. The ruling affirms a lower federal court’s finding….

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