· 5/20/1985
Louise Drazan v. United States
Citations
- 762 F.2d 56
- 1985 U.S. App. LEXIS 31220
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that plaintiff’s mere knowledge that her spouse died of cancer did not trigger accrual of claim for VA malpractice
- stating that the iatrogenic harm, or doctor-caused harm, need not be negligent doctor-caused harm.
- noting that “[t]he record is silent” on the circumstances surrounding the date of accrual, which was “not surprising since the complaint was dismissed . . . before there was any discovery”
- indicating plaintiff's mere knowledge that her spouse died of cancer did not necessarily place her on inquiry notice
- indicating plaintiffs mere knowledge that her spouse died of cancer did not necessarily place her on inquiry notice
- finding plaintiff’s claim was barred for lack of exhaustion where she allegedly sent her claim timely to the Veteran’s Administration but it was never received
Source: CourtListener parenthetical corpus (CC0).
Judges: Wood, Posner, Flaum
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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