6th Circ. Revives Wrongful Death Suit Against HHS

Law360, New York (October 24, 2013, 5:19 PM EDT) -- The Sixth Circuit on Thursday revived a wrongful death lawsuit against the federal government filed by the wife of a man who died at a federal clinic after having an allergic reaction to a CT scan dye, finding her claim was not time-barred by the Federal Tort Claims Act.

A lower court had dismissed plaintiff Delma Amburgey's January 2011 complaint, accepting the government's argument that her filing was untimely because her claim accrued on the date of her husband's death in January 2009 and that she failed to present her claim to the U.S. Department of Health and Human Services within...

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