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CHAMNESS BY AND THROUGH CHAMNESS v. U.S.

No. 86-5905.

835 F.2d 1350 (1988)

Kendra L. CHAMNESS, a minor By and Through her parent and next friend, Joy CHAMNESS; and Joy Chamness, individually, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 19, 1988.

Attorney(s) appearing for the Case

Joel S. Perwin, Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow & Olin, P.A., Spence, Payne, Masington, Grossman & Needle, P.A., Stuart Z. Grossman, Miami, Fla., for plaintiffs-appellants.

Leon B. Kellner, U.S. Atty., David H. Lichter, Linda Collins Hertz, Asst. U.S. Attys., Miami, Fla., for defendant-appellee.

Before JOHNSON and ANDERSON, Circuit Judges, and ATKINS, Senior District Judge.

JOHNSON, Circuit Judge:

In this medical malpractice suit, the district court granted summary judgment to the United States on the basis that the plaintiffs' claim is time barred by the two-year statute of limitations applicable to the Federal Tort Claims Act. We reverse and remand.

I. FACTS

Kendra Chamness was born in the Malcolm Grow Medical Center at Andrews Air Force Base on November 10, 1980. The delivery lasted over twenty-nine hours and was...

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