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McCALL EX REL. ESTATE OF BESS v. U.S.

No. 02-1889.

310 F.3d 984 (2002)

Odessa McCALL, Guardian of the Estate of Joseph BESS, Jr., an Incompetent Minor, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 13, 2002.

Attorney(s) appearing for the Case

John P. Womick (argued), Womick & Associates, Carbondale, IL, for Plaintiff-Appellant.

Robert L. Simpkins (argued), Office of the U.S. Atty., Civ. Div., Fairview Heights, IL, for Defendant-Appellee.

Before COFFEY, RIPPLE and KANNE, Circuit Judges.

RIPPLE, Circuit Judge.

Odessa McCall, as guardian of the estate of Joseph Bess, Jr., brought this action against the United States pursuant to the Federal Tort Claims Act ("FTCA"), 28 U.S.C. § 2674. Ms. McCall alleged that government doctors provided negligent treatment during the birth of her grandson, who was born with serious medical problems including mental incompetency. The district court dismissed her complaint, concluding that the suit was time-barred...

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