When malpractice deadlines begin
Glenn Scott Cohen v. Department of Veterans Affairs
In brief
- Where it stands
- Petition Pending
Awaiting an order on the petition
- What it’s about
- Glenn Scott Cohen's malpractice claim against the Department of Veterans Affairs concerns an alleged diagnostic act on December 22, 2020; he disputes whether earlier symptoms and VA treatment could have started the Federal Tort Claims Act (FTCA) filing deadline by the end of 2019.
- What's at stake
- The Supreme Court has not yet decided whether to review Cohen's challenge to the deadline for his VA malpractice claim.
Summary: written with AI from the case record.
What it's about
The dispute concerns when the filing deadline began for Cohen's medical-malpractice claim against the Department of Veterans Affairs.
Question presented
Whether, under 28 U.S.C. § 2401(b) and United States v. Kubrick, 444 U.S. Ill (1979), an FTCA medical-malpractice claim based on an alleged diagnostic act occurring on December 22, 2020 may accrue by the end of 2019 solely because the claimant experienced earlier symptoms and received prior VA medical treatment.
What happens next
The petition was distributed for the Court's Nov. 13, 2026 conference. That placement is not a grant of review or a promised decision date; the Court's next step is to decide whether to hear the case.
Documents
Docket activity
New analysis added
AI analysis generated: Case Briefing
Case data updated: summary, question_presented, generation_metadata
Case data updated: question_presented, extraction_metadata
Brief added: Petition
More questions
- Which law does Cohen cite?
- He cites 28 U.S.C. § 2401(b), the FTCA filing-deadline law, and the Supreme Court's 1979 decision in United States v. Kubrick.
- Which appeals court is involved?
- The case is from the U.S. Court of Appeals for the Eleventh Circuit.
- What earlier deadline date is at issue?
- Cohen asks whether earlier symptoms and VA care alone could have started the deadline by the end of 2019.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.