Augutis v. United States
2013 U.S. App. LEXIS 20600
7th Cir.2013Background
- Augutis had his right leg amputated below the knee after VA hospital treatment in 2006.
- He filed an FTCA administrative claim in 2008, which was denied in 2010.
- Augutis sought reconsideration in 2011; the VA indicated suit could be filed after denial, and finally denied reconsideration on October 6, 2011.
- Augutis filed suit in April 2012, more than five years after the alleged malpractice.
- The district court dismissed, holding FTCA liability mirrors private Illinois liability and Illinois’ four-year repose barred the claim.
- The Seventh Circuit affirmed, holding Illinois’ four-year statute of repose is substantive and bars the FTCA claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Illinois’ 13-212 is substantive law | Augutis argues 13-212 is procedural or tollable under FTCA. | The United States contends 13-212 is a substantive repose bar. | Yes; 13-212 is substantive and bars the FTCA claim. |
| FTCA preemption or incorporation with state law | FTCA’s scheme does not incorporate the four-year repose as a bar. | FTCA incorporates state substantive law, including repose; no preemption here. | FTCA incorporates state substantive law; no preemption here. |
| Is the claim timely under FTCA procedures | Agency delay and final denial permit filing within FTCA timelines. | Even with FTCA timelines, repose extinguishes the claim. | Even with FTCA procedure, repose bars the action. |
Key Cases Cited
- Morisch v. United States, 653 F.3d 522 (7th Cir.2011) (FTCA liability mirrors private state-law liability)
- Midwest Knitting Mills, Inc. v. United States, 950 F.2d 1295 (7th Cir.1991) (FTCA incorporates substantive state law)
- Hinkle v. Henderson, 85 F.3d 298 (7th Cir.1996) (statute of repose is substantive, not merely procedural)
- Orlak v. Loyola Univ. Health Sys., 228 Ill.2d 1 (2007) (Illinois statute of repose treated as substantive)
- Ferrara v. Wall, 323 Ill.App.3d 751 (2001) (state appellate treatment of repose as substantive)
- Cunningham v. Huffman, 154 Ill.2d 398 (1993) (Illinois law treats four-year limit as substantive)