Arroyo v. United States
2011 U.S. App. LEXIS 18193
| 7th Cir. | 2011Background
- Christian Arroyo contracted Group B Streptococcus from his mother at birth, leading to severe brain injuries due to failure to diagnose/treat.
- Erie Family Health Center, a federally funded clinic, employed the doctors who cared for Solorzano Arroyo and Christian; FTCA applies to Erie Center employees.
- Arroyos filed a state court suit against doctors in 2005; HHS denied their administrative FTCA claim in 2006; United States substituted as defendant after removal.
- District court trial in 2010 held the doctors’ failures to diagnose/treat GBS caused Christian’s injuries and found government liable; damages were awarded over $29 million.
- Government appealed, challenging the district court’s statute of limitations ruling under the FTCA two-year accrual rule and savings provision.
- On appeal, the Seventh Circuit affirmed, holding the district court applied the proper accrual rule and that its factual determinations were not clearly erroneous.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper accrual test under FTCA. | Arroyos: accrual when government cause discoverable by reasonable person. | Government: accrual should be earlier under objective inquiry; district court misapplied. | District court applied the correct two-part accrual test (discovery by actual or reasonably diligent person). |
| Whether district court’s accrual findings were clearly erroneous. | Arroyos did not know of doctor-related cause until 2004 or later. | Arroyos should have discovered earlier that doctors contributed to injury. | No clear error; court correctly found accrual occurred in 2004 or later, not in mid-2003. |
Key Cases Cited
- Drazan v. United States, 762 F.2d 56 (7th Cir.1985) (two-part accrual inquiry: actual knowledge or reasonable inquiry)
- Nemmers v. United States, 795 F.2d 628 (7th Cir.1986) (multiple causes; accrual upon government-related knowledge)
- Goodhand v. United States, 40 F.3d 209 (7th Cir.1994) (discovery rule for accrual; government-related cause)
- United States v. Kubrick, 444 U.S. 111 (U.S. 1979) (discovery that injury may be caused by government conduct triggers accrual)
- Valdez ex rel. Donely v. United States, 518 F.3d 173 (2d Cir.2008) (objective discovery component in FTCA accrual)
- Jones v. General Electric Co., 87 F.3d 209 (7th Cir.1996) (topic: accrual and related limitation issues)
- Hughes v. United States, 263 F.3d 272 (3d Cir.2001) (accrual under FTCA nuanced discussions)