## Facts

- In 1968, William A. Kubrick, a veteran, was treated at a Veterans’ Administration hospital for an infected leg and was given neomycin.
- Weeks later, Kubrick experienced significant hearing loss.
- In January 1969, a private physician told Kubrick it was “highly possible” the neomycin caused the hearing loss.
- In June 1971, during an administrative process related to veterans’ benefits, another private physician told Kubrick that neomycin caused the injury and “should not have been administered,” suggesting improper treatment.
- In 1972, Kubrick filed suit under the Federal Tort Claims Act (FTCA) alleging negligent medical treatment.
- The relevant limitations statute, 28 U.S.C. § 2401(b), requires an FTCA claim to be presented to the appropriate federal agency within two years after the claim “accrues.”

## Issues

1. Under 28 U.S.C. § 2401(b), does an FTCA medical malpractice claim accrue when the plaintiff knows of the injury and its cause, or only when the plaintiff also knows (or should know) the treatment was negligent?

## Decision

- The Supreme Court reversed the Third Circuit.
- The Court held that an FTCA claim accrues when the plaintiff knows both the existence of the injury and its cause, not when the plaintiff later learns the acts may constitute medical malpractice.
- Kubrick’s claim accrued in January 1969 because he knew of his hearing loss and its probable cause (neomycin).
- Because Kubrick did not present his claim within two years of accrual, the action was time-barred under § 2401(b).

## Legal Principles

- For FTCA medical malpractice claims, “accrual” under 28 U.S.C. § 2401(b) occurs when the plaintiff knows (or in the exercise of reasonable diligence should know) the injury and its cause.
- Accrual does not await the plaintiff’s knowledge that the medical treatment was improper or legally actionable.
- Once aware of the injury and its likely cause, a plaintiff is on notice to investigate and seek advice within the limitations period.
- Section 2401(b) functions as a condition on the United States’ waiver of sovereign immunity and is construed to serve Congress’s goal of prompt claim presentation and avoidance of stale litigation.

## Conclusion

The Court held that Kubrick’s FTCA medical malpractice claim accrued when he learned of his injury and its probable cause, even though he did not yet know the treatment might have been negligent; his later-filed claim was therefore barred by § 2401(b)’s two-year limitations period.


United States v. Kubrick, 444 U.S. 111 (1979)