Hawver v. United States

Hawver claims that the Jackson, Michigan, Center for Family Health a federally qualified health center, caused her mother’s death by providing negligent medical care. The Federal Tort Claims Act provides the exclusive remedy for claims against federally qualified health centers such as Family Health, 42 U.S.C. 233. By the time Hawver filed suit, the two-year statute of limitations applicable to claims under the Act had run. The district court dismissed, holding that failure to satisfy the Act’s statute of limitations requirements doubles as a failure to satisfy the subject matter jurisdiction requirements of the federal courts and precludes equitable tolling. After the district court’s decision, the Supreme Court’s 2015 decision, United States v. Kwai Fun Wong, held that the Act’s statute of limitations requirements do not implicate the subject matter jurisdiction of the federal courts and that equitable tolling may save a late claim in some circumstances. The Sixth Circuit remanded to the district court to determine whether equitable tolling saves Hawver’s claim. View "Hawver v. United States" on Justia Law