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OGIEMWONYI v. U.S.

Civil Action No. 14-CV-12329-RGS.

MAUREEN OGIEMWONYI, and OSAGIE OGIEMWONYI, v. UNITED STATES, MARK COLLINS, M.D., and NORTH SHORE MEDICAL CENTER.

United States District Court, D. Massachusetts.

August 12, 2014.

Attorney(s) appearing for the Case

Maureen Ogiemwonyi, Plaintiff, represented by Adam R. Satin, Lubin & Meyer & Andrew C. Meyer, Jr., Lubin & Meyer, P.C..

Osagie Ogiemwonyi, Plaintiff, represented by Adam R. Satin, Lubin & Meyer & Andrew C. Meyer, Jr., Lubin & Meyer, P.C..

Mark Collins, M.D., Defendant, represented by Michael B. Barkley, Adler, Cohen, Harvey, Wakeman & Guekguezian LLP, Veronica M. Lei, United States Attorney's Office MA & Michelle L. McClafferty, Adler, Cohen, Harvey, Wakeman & Guekguezian LLP.

North Shore Medical Center, Inc., Defendant, represented by Jennifer E. Kogan, Martin, Magnuson, McCarthy and Kenney & Veronica M. Lei, United States Attorney's Office MA.

United States of America, Defendant, represented by Veronica M. Lei, United States Attorney's Office MA.

MEMORANDUM AND ORDER ON DEFENDANT UNITED STATES' MOTION TO DISMISS

RICHARD G. STEARNS, District Judge.

Had their attorney not filed the lawsuit until several days after the expiration of the limitations period for suits against the United States established by 28 U.S.C. § 2401(b), the Ogiemwonyis' medical malpractice claim against Dr Kristin Cotter would have fallen under the Westfall Act's1 exception for negligence claims...

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