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A.Q.C. EX REL. CASTILLO v. U.S.

Docket No. 10-2086-cv.

656 F.3d 135 (2011)

A.Q.C., an infant, by her mother and natural guardian, Paquita CASTILLO, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee, Bronx-Lebanon Hospital Center, Defendant.

United States Court of Appeals, Second Circuit.

Decided: September 8, 2011.

Attorney(s) appearing for the Case

Mitchell L. Gittin ( John E. Fitzgerald , John M. Daly , John J. Leen , on the brief), Fitzgerald & Fitzgerald, P.C., Yonkers, NY, for Plaintiff-Appellant.

Amy A. Barcelo , Assistant United States Attorney ( Sarah S. Normand , Assistant United States Attorney, on the brief), for Preet Bharara , United States Attorney for the Southern District of New York, New York, NY, for Defendant-Appellee.

Before: NEWMAN, MINER, and LYNCH, Circuit Judges.

GERARD E. LYNCH, Circuit Judge:

Plaintiff-appellant A.Q.C., by her mother and natural guardian Paquita Castillo, brought this medical malpractice action under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 1346, 2401, 2671-2680. The merits of that claim are not before us; instead, we must determine whether it is "forever barred" by the FTCA's two-year limitations period. See 28 U.S.C. § 2401(b).

We find that A.Q.C.'s claim accrued...

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