Arvil M. Ashley v. United States

Ashley was the plaintiff below, having instituted a suit under the Federal Tort Claims Act, 28 U.S.C. §§ 1346 (b), 2671-2680. The basis of his claim was an alleged act of medical malpractice claimed to have been committed by a government physician on September 6, 1963. The suit was filed nearly four years later, on July 18, 1967, and the District Court granted the Government’s motion for summary judgment. We affirm.

The District Court grounded its ruling upon that portion of 28 U.S.C. § 2401 (b) which provided, at the time of the alleged malpractice, “A tort claim against the United States shall be forever barred unless action is begun within two years after such claim accrues * * Ashley attempts to circumvent the bar by arguing that while he actually became aware, on or about September 6, 1963, that he had been injured, he did not learn that the injury was “permanent” until a time less than two years before he filed his suit. He urges that since this is true and that since he had been continuously undergoing treatment for the injury from government physicians throughout the period, his claim did not “accrue” until he learned the extent of the injury.

Ashley is a disabled…