Otto v. National Institute of Health’s Empirical Analysis
815 F.2d 985 · 1987
Citation profile
18 federal appellate · 3 district · 5 state decisions
How this case has been cited
Cited by 37 later decisions — most recently September 2016 · most notably John Barren, an Incompetent, by His Guardian, Henrietta Barren v. United States (1988), Goodhand v. United States (1994)
18 federal appellate · 3 district · 5 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 28 U.S.C. § 1346 (Federal Tort Claims Act) · 28 U.S.C. § 2401
Relies on United States v. Kubrick · Page v. United States · Borgia v. City of New York · Kossick v. United States · Tyminski v. United States
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[W]here there has been a course of continuous medical treatment, a claim may not accrue until the end of that course of treatment, if the treatment has been for the same illness or injury out of which the claim for medical malpractice arose.”
3 later decisions quote this exact passage · from the majority“Our reason, and that of other courts applying the theory, is that a rigid application of the Kubrick rule can effectively deprive a medical patient of her “right to place trust and confidence in [her] physician;” and the solution is to excuse' the' patient “from challenging the quality of care being rendered until the confidential relationship terminates,” i.e., to toll the statute’s running during this period.”
2 later decisions quote this exact passage · from the majority“[a] tort claim against the United States shall be forever barred unless it is presented in writing to the appropriate Federal agency within two years after such claim accrues.”
2 later decisions quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.