KUBRICK v. UNITED STATES

No. 77-2388.

581 F.2d 1092 (1978)

William A. KUBRICK, Appellee, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Third Circuit.

Decided July 27, 1978.


Attorney(s) appearing for the Case

Barbara Allen Babcock, Asst. Atty. Gen., David W. Marston, U. S. Atty., Philadelphia, Pa., William Kanter, Alice Mattice, Attys., Dept. of Justice, Civil Div., App. Section, Washington, D. C., for appellant.

Benjamin Kuby, Paul N. Minkoff, Klovsky, Kuby & Harris, Philadelphia, Pa., for appellee.

Before ADAMS, WEIS and GARTH, Circuit Judges.


OPINION OF THE COURT

WEIS, Circuit Judge.

Because of the unusual factors associated with the discovery of harm caused by medical malpractice, federal courts have adopted a flexible interpretation of the limitation period for filing a claim under the Federal Tort Claims Act. In this case, the plaintiff contended at an early date in administrative proceedings that a drug prescribed by a Veterans Administration physician had destroyed his hearing. However,...

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