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ARTEAGA v. U.S.

No. 12-3189.

711 F.3d 828 (2013)

Gabriela ARTEAGA, individually and as the representative of I.G., a minor, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 1, 2013.

Attorney(s) appearing for the Case

Michael T. Gill (argued), Attorney, Matthew D. Ports , Attorney, Pfaff & Gill, Ltd., Chicago, IL, for Plaintiff-Appellant.

Katherine Beaumont (argued), Attorney, Office of the United States Attorney, Chicago, IL, for Defendant-Appellee.

Before EASTERBROOK, Chief Judge, and POSNER and TINDER, Circuit Judges.

POSNER, Circuit Judge.

The plaintiff in this medical malpractice case is the mother of a child who was injured during birth. The district court dismissed the suit as barred by the provision of the Federal Tort Claims Act that requires that the claim on which a suit is based be filed with the appropriate federal agency within two years after the claim arose. 28 U.S.C. § 2401(b).

The suit accuses the Erie Family Health Center, where the mother received...

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