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Christian Arroyo, et al v. United States of America

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ARGUED JANUARY 6, 2011

Before EASTERBROOK, Chief Judge, and CUDAHY and POSNER, Circuit Judges.

Christian Arroyo contracted a bacterial infection from his mother during his birth. The physicians involved in Christian’s delivery and post-delivery care failed to diagnose and treat this infection in a timely manner, which caused the newborn to suffer severe brain injuries. Several years later, Christian’s parents filed suit against the United States under the Federal Tort Claims Act. The district court found the United States liable for Christian’s injuries, rejecting the United States’ claim that the Arroyos’ claims were untimely. We affirm.

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