Augustis v. U.S.

Dist. Ct. did not err in granting defendant-govt.’s motion to dismiss plaintiff’s FTCA action alleging medical malpractice in connection with amputation of plaintiff’s leg, where said motion was based on defendant’s claim that plaintiff’s action was untimely, since it was filed beyond applicable Illinois 4-year statute of repose for medical malpractice actions. Fact that plaintiff had filed instant action within six months of Dept. of Veterans Affair’s dismissal of plaintiff's administrative complaint did not require different result. Ct. rejected plaintiff’s claim that Ill. statute of repose was preempted by FTCA’s own procedural scheme, and Ct. further observed that there was no conflict between state and federal law, since record showed that plaintiff had 18 months to file instant action in federal court prior to expiration of statute of repose.