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D.J.S.-W. BY STEWART v. U.S.

No. 19-2434.

962 F.3d 745 (2020)

D.J.S.-W., a minor, BY her natural mother and legal guardian, D'Ericka STEWART, Appellant, v. UNITED STATES of America.

United States Court of Appeals, Third Circuit.

Opinion Filed: June 22, 2020.

Attorney(s) appearing for the Case

Vincent A. Coppola , Pribanic Pribanic & Archinaco, 513 Court Place, First Floor, Pittsburgh, PA 15219, Counsel for Appellant.

Scott W. Brady , United States Attorney, Haley F. Warden-Rodgers , Laura S. Irwin , Office of United States Attorney, 700 Grant Street, Suite 4000, Pittsburgh, PA 15219, Counsel for Appellee.

Before: HARDIMAN, RENDELL and FISHER, Circuit Judges.

OPINION OF THE COURT

D.J.S.-W., a young girl who sustained a shoulder injury during birth, argues that the limitations period for filing her medical malpractice claim under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b), 2671-80, should be equitably tolled. Because D.J.S.-W. fails to show both...

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