Anderson v. United States
427 Md. 99
Md.2012Background
- Anderson sued the United States under the FTCA for medical malpractice at the VA Hospital in Baltimore.
- Maryland §5-109(a)(1) sets five-year/ injury-triggered limits, while §5-109(a)(2) sets a three-year discovery trigger.
- The district court treated §5-109(a)(1) as a statute of repose and dismissed for lack of jurisdiction.
- The Fourth Circuit certified whether §5-109(a)(1) is a statute of limitations or a statute of repose.
- This Court held §5-109(a)(1) is a statute of limitations, not a statute of repose.
- The decision analyzes the statute’s history, text, and policy justifications to resolve the classification.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §5-109(a)(1) is a statute of limitations or a statute of repose | Anderson argues §5-109(a)(1) is a statute of repose limiting liability regardless of injury timing | United States argues §5-109(a)(1) is a statute of repose designed to bar after five years from negligent act | Section 5-109(a)(1) is a statute of limitations |
Key Cases Cited
- Hill v. Fitzgerald, 304 Md. 689 (Md. 1985) (injury occurs when the negligent act first couples with harm; Hill abrogated continuous treatment rule)
- Newell v. Richards, 323 Md. 717 (Md. 1991) (statutory focus on five-year total bar; plaintiff bears burden to classify §5-109(a)(1) or (2))
- Jones v. Speed, 320 Md. 249 (Md. 1990) (allowing splitting of claims within five-year window for successive negligent acts)
- Edmonds v. Cytology Servs. of Md., Inc., 111 Md.App. 233 (Md. 1996) (injury occurs when legally cognizable harm results; rejects discovery-rule import)
- Piselli v. 75th St. Med., 371 Md. 188 (Md. 2002) (discovery rule applied to minor’s claim under §5-109(a)(2))
- First United Methodist Church of Hyattsville v. U.S. Gypsum Co., 882 F.2d 862 (4th Cir. 1989) (distinguishes limitations as procedural vs. repose as substantive)
- Hagerstown Elderly Assocs. v. Hagerstown Elderly Building Assocs., 368 Md. 351 (Md. 2002) (treats §5-108 as containing both repose and limitation provisions; accrual focus matters)