Dundon v. United States

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• applying equitable tolling during the period when plaintiff-decedent was comatose, where his condition was allegedly caused by defendant’s physicians
• holding statute of limitations period not tolled by continuing treatment doctrine where the plaintiff was treated by different VA doctors in different VA hospitals but did not allege treatment after November 1975 by any of the doctors claimed to be responsible for misdiagnosis in August 1975
• holding statute of limitations period not tolled by continuing treatment doctrine where the plaintiff was treated by different VA doctors in different VA hospitals but did not allege treatment after November 1975 by any of the doctors claimed to be responsible for misdiagnosis in August 1975
• holding statute of limitations period not tolled by continuing treatment doctrine where the plaintiff was treated by different VA doctors in different VA hospitals but did not allege treatment after November 1975 by any of the doctors claimed to be responsible for misdiagnosis in August 1975
• dismissing a claim for 7 failure to present it to the federal agency because attachment of documents from which an 8 agency could infer an unstated injury does not qualify as notice
• rejecting government's argument that administrative claim, which was largely directed at alleged negligence in diagnosis and failure to treat but which also explicitly referred to an operation, alleged merely negligence in misdiagnosis and did not include malpractice in surgery

Source: CourtListener parenthetical corpus (CC0).