Vietnam Veteran’s Suit Over Missed Cancer Diagnosis Timely Filed

The estate of a Vietnam veteran who died in 2014 of a misdiagnosed cancer can proceed with a 2021 lawsuit against the U.S. due to the delay in discovering the alleged malpractice, a federal court said.

An Arkansas law requiring that medical malpractice cases be brought within two years of a claim’s accrual is a statute of limitations, not a statute of repose that would bar the suit, the U.S. District Court for the Western District of Arkansas said.

David Phillips’ family learned in 2019 that Robert Levy, a pathologist with the U.S. Department of Veterans Affairs, misdiagnosed his condition ...