PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE ...

children in states with minority tolling statutes are in an identical
position to adults in states with longer statutes of limitations for
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torts than that provided by the FTCA and I have looked to
those cases for guidance. Courts have not extended equitable
tolling for adults in states that have longer statutes of limitations
for tort claims than the FTCA’s limitations period. See e.g.,
Gonzalez, 284 F.3d at 291-92, holding that plaintiff who
incorrectly believed that the Massachusetts’ three-year statute of
limitations applied had not exercised due diligence where
plaintiff failed to inquire into employment status of her doctor,
who made no attempt to conceal his federal employee status;
Kelly, 2000 WL 151280, *1 (D. Md. 2000), holding that
plaintiff who filed within the Maryland statute of limitations had
not exercised due diligence where defendant had not actively
concealed federal status though it did not publicize that
defendants were deemed to be federal employees.
minor’s infancy nor mental incompetency, allegedly caused by
United States, tolled FTCA administrative statute of limitations;
MacMillan v. United States, 46 F.3d 377, 381 (5th Cir. 1995),
holding that the limitations period is not tolled during minority
of putative plaintiff because parent's knowledge of injuries is
imputed to plaintiff; Robbins v. United States, 624 F.2d 971,
972 (10th Cir. 1980), same; Mann v. United States, 399 F.2d
672, 673 (9th Cir. 1968), holding that the time limitation is not
tolled during a claimant's minority.
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As the District Court noted, “Fifteen states have statutes of
limitations for medical malpractice claims that exceed the two
year limit under the FTCA.” Santos v. United States, 523 F.
Supp.2d 435, 442 (M.D. Pa. 2007), collecting statutes.
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