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McCULLOUGH v. U.S.

No. 09-13724.

607 F.3d 1355 (2010)

Samuel McCULLOUGH, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 3, 2010.

Attorney(s) appearing for the Case

Stuart C. Markman, Kristin Ann Norse, Kynes, Markman & Felman, P.A., Tampa, FL, for McCullough.

Todd B. Grandy, U.S. Attorney's Office, Tampa, FL, for U.S.

Before DUBINA, Chief Judge, and MARTIN and COX, Circuit Judges.

MARTIN, Circuit Judge:

Days before routine scheduled hernia surgery, Samuel McCullough ("Mr. McCullough") went to a Veterans Affairs hospital complaining about neck pain. Ten days after the surgery, he was quadriplegic. The district court granted summary judgment for the United States because Mr. McCullough's administrative claim was filed more than two years after Mr. McCullough knew that his paralysis was caused by a spinal abscess. We feel sympathy for Mr. McCullough...

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