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SANCHEZ v. U.S.

No. 13-1333.

740 F.3d 47 (2014)

Angel SANCHEZ, Individually and as Administrator of the Estate of Rafaela Sanchez, Plaintiff, Appellant, v. UNITED STATES of America, Defendant, Appellee.

United States Court of Appeals, First Circuit.

January 14, 2014.

Attorney(s) appearing for the Case

Paul F. Kenney , with whom Kristen A. Barnes and Kenney & Conley, P.C. were on brief, for appellant.

George B. Henderson, II , Assistant United States Attorney, with whom Carmen M. Ortiz , United States Attorney, was on brief, for appellee.

Timothy C. Kelleher III , Cooley Manion Jones LLP, Thomas R. Murphy , Law Offices of Thomas R. Murphy, LLC, Thomas M. Bond , The Kaplan/Bond Group, Sara J. Trezise and Trezise Law Group on brief for Massachusetts Academy of Trial Lawyers, amicus curiae.

Before TORRUELLA, HOWARD, and KAYATTA, Circuit Judges.

KAYATTA, Circuit Judge.

Plaintiff Angel Sanchez, a widower and the executor of his wife's estate, sued his wife's doctors for medical malpractice. As it turned out, those doctors were federal employees, against whom claims are forever barred unless brought within the two-year limitations period Congress allowed under the Federal Tort Claims Act ("FTCA"), as opposed to the three-year period allowed by Massachusetts law for medical malpractice claims. As it also turned...

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