733 F.3d 633
6th Cir.2013Background
- On Jan. 21, 2009 Jerry Amburgey died shortly after being given IV contrast dye at an MCHC clinic; Dr. Alam had directed the CT scan preparation. The family was told his death was from natural causes (aspiration related to suspected lung cancer).
- Letcher County coroner Wallace Bolling ordered an autopsy after EMS reports conflicted with Dr. Alam’s explanation; the autopsy (issued Apr. 7, 2009) listed cause of death as an allergic reaction to IV contrast dye.
- Delma Amburgey (wife) mailed an FTCA administrative claim form to MCHC on Jan. 20, 2011 (one day before two-year anniversary of death); MCHC forwarded the form to HHS, which received it after the two-year anniversary.
- HHS denied the claim as untimely under 28 U.S.C. § 2401(b); administrative appeal denied; Delma sued the United States and the district court dismissed for lack of subject-matter jurisdiction under Fed. R. Civ. P. 12(b)(1).
- The sole issue on appeal: when Delma’s FTCA wrongful-death claim accrued (i.e., whether the agency received notice within two years of accrual).
- The Sixth Circuit reversed: applying Kubrick’s inquiry-notice rule, the court held Delma’s claim did not accrue until she received the autopsy report in April 2009, so the administrative filing (as received by HHS) was timely.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| When did the FTCA wrongful-death claim accrue for statute-of-limitations purposes? | Accrued when Delma received autopsy report (Apr. 2009); she lacked reason to suspect medical cause earlier. | Accrued on date of death (Jan. 21, 2009); plaintiff had sufficient facts to prompt inquiry. | Court applied Kubrick inquiry-notice rule; accrual occurred after autopsy (Apr. 2009). |
Key Cases Cited
- United States v. Kubrick, 444 U.S. 111 (1979) (FTCA claims accrue when plaintiff knows both existence and cause of injury; establishes inquiry-notice rule)
- Hertz v. United States, 560 F.3d 616 (6th Cir. 2009) (applies Kubrick to wrongful-death accrual analysis; fact-intensive inquiry)
- Chomic v. United States, 377 F.3d 607 (6th Cir. 2004) (FTCA wrongful-death accrual tied to knowledge of injury and its cause)
- McDonald v. United States, 843 F.2d 247 (6th Cir. 1988) (patients may reasonably rely on physicians’ assurances; ‘‘blameless ignorance’’ can prevent limitations from running)
- Nemmers v. United States, 795 F.2d 628 (7th Cir. 1986) (plaintiff need not know cause is more likely than not; need only know enough to prompt inquiry)
- Kerstetter v. United States, 57 F.3d 362 (4th Cir. 1995) (knowledge that injury resulted from medical treatment generally is sufficient to trigger accrual)