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SKWIRA v. U.S.

No. 02-1988.

344 F.3d 64 (2003)

Statia A. SKWIRA, as Administratrix of the Estate of Edward S. Skwira, and Individually; Marsha Yarrows; Edward S. Skwira, Jr.; Philip E. Skwira, Plaintiffs, Appellants v. UNITED STATES, Defendant, Appellee.

United States Court of Appeals, First Circuit.

September 15, 2003.

Attorney(s) appearing for the Case

John M. Callahan, with whom Stephen R. Kaplan, David C. Kuzmeski, and Growhoski & Callahan were on brief, for appellants.

Richard A. Olderman, with whom Robert D. McCallum, Jr., Assistant Attorney General, Michael J. Sullivan, United States Attorney, and Robert S. Greenspan were on brief, for appellee.

John Corey, Judge Advocate, Erik Lund, George A. Berman, Susan S. Riedel, and Posternak, Blankstein & Lund LLP for amicus curiae American Legion, in support of appellants.

Before Boudin, Chief Judge, Torruella and Lipez, Circuit Judges.

LIPEZ, Circuit Judge.

In unusual and tragic circumstances, this case requires us to apply a "discovery rule" to the issue of claim accrual under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 1346(b), 2671-2680.

I.

On February 15, 1996, Edward Skwira, a decorated World War II veteran, entered the Veterans Affairs Medical Center ("VAMC") near Northampton, Massachusetts, for the treatment of chronic alcoholism. Three days later, Skwira...

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