No. 25-7694October Term 2025Petition Pending
Howard Lawrence Ellsworth, III, et ux., Petitioners v. Dallas Department of Veteran Affairs, et al.
Howard Lawrence Ellsworth III and another petitioner have asked the Supreme Court to review a decision of the U.S.
Case status
- Current stage
- Petition Pending
- Latest event
- Petition pending
- Decision timing
- No decision timeline until the Court agrees to hear the case.
- What it's about
Howard Lawrence Ellsworth III and another petitioner have asked the Supreme Court to review a decision of the U.S. Court of Appeals for the Fifth Circuit involving the Dallas Department of Veterans Affairs and other respondents. The Court has not yet agreed to hear the case or identified a question for review.
Question presented
1. Whether a claim under the Federal Tort Claims Act accrues under United States v. Kubrick when the United States exercises exclusive control over diagnosis, testing, and medical records, cancels diagnostic testing, fails to disclose contradictory internal medical assessments, and denies access to care — thereby preventing a patient from reasonably discovering the existence of the injury? 2. Whether courts may resolve accrual and equitable tolling under the FTCA at the Rule 12 stage as a matter of law where the plaintiff plausibly alleges constructive concealment through government control of medical information and prolonged denial of care? 3. Whether divergence among the circuits regarding diagnosis-based accrual, constructive concealment, and the propriety of Rule 12 dismissal warrants this Court’s review? 4. Whether the United States may treat later administrative claims identifying a newly discovered injury as “duplicative” of an earlier claim that did not identify that injury, while simultaneously arguing that the claim accrued years earlier?
- Case path
United States Court of Appeals for the Fifth Circuit / Petition pending
- Area
Petition for review pending
Briefing
What it's about
Howard Lawrence Ellsworth III and another petitioner ask the Supreme Court to review a Fifth Circuit case involving the Dallas Department of Veterans Affairs. They raise questions about when the deadline begins for a Federal Tort Claims Act lawsuit when government medical information and care were allegedly controlled or withheld.
Argument
The case has not been set for oral argument. The petitioners argue that government control of medical records, testing, and care can prevent a patient from reasonably discovering an injury and may justify tolling (pausing) a filing deadline.
Impact
The case could affect veterans and other patients pursuing claims against the federal government after discovering an injury later. For example, a patient who says federal providers canceled testing or withheld medical assessments could face a deadline dispute.
What is at stake in Ellsworth v. Dallas Department of Veterans Affairs?
The dispute concerns when the filing deadline starts for a federal medical-injury claim when patients say medical information or care was withheld.
Who could be affected by this Federal Tort Claims Act dispute?
Veterans and other patients with claims against federal providers could be affected, especially those who discover a possible injury after delayed testing or records access.
What happens next in Ellsworth v. Dallas Department of Veterans Affairs?
The Supreme Court will consider whether to grant certiorari (agree to hear the case) or make another scheduling move. No argument date is set.
Related cases
Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Sep 4, 2026
- Method
- Methodology