485 F. App'x 744
6th Cir.2012Background
- Huddleston sued the United States under the FTCA for alleged medical malpractice by VA Hospital employees related to a 2006 colonoscopy.
- Huddleston alleges negligent reprocessing of equipment caused hepatitis B infection, with notice to him in February 2009.
- He filed an administrative tort claim with the VA on December 17, 2009, and the VA denied it on September 14, 2010.
- Huddleston filed suit in district court on March 11, 2011.
- Tennessee's three-year statute of repose for medical malpractice applies to the claim; the district court dismissed under Rule 12(b)(1).
- The district court addressed whether § 2401(b) of the FTCA and the Supremacy Clause allow state repose to bar the FTCA claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| FTCA timing vs state repose | Huddleston argues § 2401(b) overrides Tennessee repose. | State repose applies as substantive law incorporated by FTCA. | State repose subsumes FTCA timing; Supremacy Clause not violated. |
| Whether Tennessee's statute of repose bars FTCA medical-malpractice claim | Repose should not bar because federal timing controls. | Repose extinguishes the action; applies to FTCA claims. | Tennessee's three-year repose is substantive and bars the FTCA claim. |
| Effect of administrative claim timing under FTCA | If administrative claim filed timely, suit could proceed despite repose. | Court need not decide applicability if administrative claim filed after repose. | Court need not decide; Huddleston failed to file within repose period. |
Key Cases Cited
- Myers v. United States, 17 F.3d 890 (6th Cir. 1994) (FTCA liability mirrors state-law liability; agency waiver limitations)
- Ward v. United States, 838 F.2d 182 (6th Cir. 1988) (FTCA incorporates state substantive tort law for liability and damages)
- Spannaus v. Dep’t of Justice, 824 F.2d 52 (D.C. Cir. 1987) (§ 2401(a) as jurisdictional; must be strictly construed)
- In re Franklin Sav. Corp., 385 F.3d 1279 (10th Cir. 2004) (Timeliness of suit is a condition of waiver of sovereign immunity)
- Cronin v. Howe, 906 S.W.2d 910 (Tenn. 1995) (Statute of repose is substantive, not merely procedural)
- Montgomery v. Wyeth, 580 F.3d 455 (6th Cir. 2009) (Substantive repose limits applicability to FTCA claims)