Battieste v. United States: The Seven-Year Statute of Repose episode artwork

EPISODE · May 1, 2026 · 36 MIN

Battieste v. United States: The Seven-Year Statute of Repose

from Swear on the Stand · host Daniel W. Swear

This episode details a Fifth Circuit Court of Appeals decision regarding a medical malpractice lawsuit involving a veteran's estate and the federal government. The case stems from an unauthorized surgery performed at a Veterans Affairs hospital in 2006, which the plaintiff argued was only discovered much later. The court focused on whether Mississippi law creates an absolute time limit, known as a statute of repose, for filing such claims. Ultimately, the judges determined that the state's seven-year deadline serves as a final bar to litigation regardless of when the injury was found. Because the lawsuit was initiated nearly two decades after the medical procedure, the court upheld the dismissal of the case. The ruling clarifies that specific state time constraints apply to federal claims brought under the Federal Tort Claims Act.

Episode metadata supplied by the publisher feed · Published May 1, 2026

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Battieste v. United States: The Seven-Year Statute of Repose

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