Rosalyn Motley v. United States, 295 F.3d 820 (8th Cir. 2002). · Go Syfert
Rosalyn Motley v. United States, 295 F.3d 820 (8th Cir. 2002). Cases Citing This Book View Copy Cite
96 citation events (96 in the last 25 years) across 19 distinct courts.
Strongest positive: Strizheus v. Kooistra (sdd, 2023-03-27)
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Top citers, strongest first. 49 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Strizheus v. Kooistra
D.S.D. · 2023 · quote attribution · 1 verbatim quote · confidence high
when a claim accrues under a federal law is a question of federal law.
discussed Cited as authority (verbatim quote) Thorson Lovelace v. USA
E.D. Ark. · 2023 · quote attribution · 1 verbatim quote · confidence high
the party claiming the benefit of equitable tolling bears the burden of showing that it is warranted
examined Cited as authority (verbatim quote) Sellman v. Lester E. Cox Medical Centers
W.D. Mo. · 2022 · quote attribution · 1 verbatim quote · confidence high
ftca provides the exclusive statutory remedy for plaintiffs' medical malpractice claim against health clinic because this otherwise private medical center is deemed a federal employee for ftca purposes.
examined Cited as authority (verbatim quote) Lisa Wilcox v. United States (2×)
8th Cir. · 2018 · signal: see · quote attribution · 2 verbatim quotes · confidence high
to toll the statute because of a plaintiffs ignorance of the defendant's federal employee status, plaintiff 'must at the very least show that the information could not have been found by a timely diligent inquiry....
discussed Cited as authority (verbatim quote) McLaurin v. United States
5th Cir. · 2004 · quote attribution · 1 verbatim quote · confidence high
we apply the doctrine of equitable tolling to ftca claims against the government.
discussed Cited as authority (rule) Peck v. Mercy Health
E.D. Mo. · 2025 · confidence medium
“The party who is claiming the benefit of an exception to the operation of a statute of limitations bears the burden of showing that he is entitled to it.” Motley v. United States, 295 F.3d 820, 824 (8th Cir. 2002) (internal citation omitted).
discussed Cited as authority (rule) Postelmans v. Whispers Gentelmen's Club
D.N.D. · 2025 · confidence medium
“Statutes of limitation protect important interests of certainty, accuracy, and repose, and equitable tolling is an exception to a statute of limitations, which should be used only in exceptional circumstances.” Id. (citing Motley v. United States, 295 F.3d 820, 824 (8th Cir.2002).
cited Cited as authority (rule) Muldrow v. USA
E.D. Ark. · 2024 · confidence medium
Motley v. United States, 295 F.3d 820, 822 (8th Cir. 2002).
cited Cited as authority (rule) Allred v. Nielsen Enterprises LLC
Bankr. D.S.D. · 2024 · confidence medium
Nov. 9, 2018) (citing Motley v. United States, 295 F.3d 820, 824 (8th Cir. 2002)).
cited Cited as authority (rule) Pierce v. Nielsen Enterprises LLC
Bankr. D.S.D. · 2024 · confidence medium
Nov. 9, 2018) (citing Motley v. United States, 295 F.3d 820, 824 (8th Cir. 2002)).
discussed Cited as authority (rule) Valdez v. Scottsbluff Operations LLC
D. Neb. · 2024 · confidence medium
The plaintiffs were “‘lulled into a false sense of security’ because [the FQHC was] a private not-for-profit corporation registered with the State of Missouri, and [plaintiffs were] never informed of its FTCA coverage.” Id. at 824.
discussed Cited as authority (rule) Dwan Bray v. Bon Secours Mercy Health, Inc. (2×)
6th Cir. · 2024 · confidence medium
Beato v. United States, 559 F.3d 189 , 203–04 (3d Cir. 2009) (tolling), with Gonzalez v. United States, 284 F.3d 281, 291 (1st Cir. 2002) (no tolling), Gould v. HHS, 905 F.2d 738 , 745 (4th Cir. 1990) (same), and Motley v. United States, 295 F.3d 820, 824 (8th Cir. 2002) (same).
discussed Cited as authority (rule) Moore v. Auto Assure, LLC
E.D. Mo. · 2023 · confidence medium
Motley v. United States, 295 F.3d 820, 824 (8th Cir. 2002) The Court finds the doctrine of equitable tolling does not apply under the circumstances of this case, because Plaintiff had actual knowledge of possible overtime violations when he received his paychecks.
cited Cited as authority (rule) Brashear v. SSM Health Care Corporation
E.D. Mo. · 2023 · confidence medium
Motley v. United States, 295 F.3d 820, 824 (8th Cir. 2002).
discussed Cited as authority (rule) Dixon v. Edward D. Jones & Co., L.P.
E.D. Mo. · 2022 · confidence medium
“Because statutes of limitations protect important interests of certainty, Motley v. United States accuracy, and repose, equitable tolling ‘is an exception to the rule, and should therefore be Dring v. McDonnell Douglas Corp. see used only in exceptional circumstances.’” , 295 F.3d 820, 824 (8th Cir. also Fair v. Commc’ns Unlimited, Inc. 2002) (quoting , 58 F.3d 1323 , 1330 (8th Cir. 1995)); Smithrud v. St. , 2019 WL 4695942 , at *2 (E.D.
discussed Cited as authority (rule) Van Zee v. Burmeister (2×) also: Cited "see"
D.S.D. · 2021 · confidence medium
“To toll the statute because of a plaintiffs ignorance of the defendant’s federal employee status, plaintiff must at the very least show that the information could not have been found by a timely diligent inquiry.” Motley, 295 F.3d at 824 (internal quotation and citation omitted).
discussed Cited as authority (rule) Bray Sheet Metal Company v. International Association of Sheet Metal, Air, Rail, and Transportation Workers (SMART) Local Union No 36-L AFL-CIO
E.D. Ark. · 2020 · confidence medium
When the running of the statute of limitations is raised as a defense, defendant has the burden of affirmatively pleading and proving this defense, while “‘[t]he party who is claiming the benefit of an exception to the operation of a statute of limitations bears the burden of showing that he is entitled to it.’” Motley v. United States, 295 F.3d 820, 824 (8th Cir. 2002) (quoting Wollman v. Gross, 637 F.2d 544, 549 (8th Cir. 1980)).
cited Cited as authority (rule) Jackson v. United States
E.D. Ark. · 2020 · confidence medium
“The general rule is that an FTCA claim accrues at the time of injury.” Motley v. United States, 295 F.3d 820, 822 (8th Cir. 2002).
discussed Cited as authority (rule) Spainhour v. Jones
E.D. Ark. · 2020 · confidence medium
When the running of the statute of limitations is raised as a defense, the defendant has the burden of affirmatively pleading and proving this defense, while “‘[t]he party who is claiming the benefit of an exception to the operation of a statute of limitations bears the burden of showing that he is entitled to it.’” Motley v. United States, 295 F.3d 820, 824 (8th Cir. 2002) (quoting Wollman v. Gross, 637 F.2d 544, 549 (8th Cir. 1980)).
cited Cited as authority (rule) Fair v. Communications Unlimited Inc.
E.D. Mo. · 2019 · confidence medium
Motley v. United States, 295 F.3d 820, 824 (8th Cir. 2002).
discussed Cited as authority (rule) Vaughn v. Eichorn (2×) also: Cited "see"
E.D. Mo. · 2019 · confidence medium
See United States v. Kwai Fun Wong, 135 S. Ct. 1625 (2015) (equitable tolling applies to FTCA time limitations); Motley, 295 F.3d at 824 (party claiming benefit of exception to statute of limitation bears burden of showing entitlement to it).
discussed Cited as authority (rule) Halvorson v. United States
D.S.D. · 2019 · confidence medium
The decedent here was injured by the VA’s alleged malpractice on May 19, 2015, and passed away on June 3, 2016.5 Plaintiff was appointed administrator of decedent’s estate on May 9, 2017, a mere ten days before the two-year period the FTCA allows for 5“[I]n medical malpractice cases, the [FTCA] claim accrues when the plaintiff actually knew, or in the exercise of reasonable diligence should have known, the cause and existence of his injury.” Motley v. United States, 295 F.3d 820, 822 (8th Cir. 2002).
discussed Cited as authority (rule) Allen v. Martin, Leigh & Laws, PC
W.D. Mo. · 2019 · confidence medium
Equitable Tolling Last, Plaintiffs argue the statute of limitations should be tolled because Defendants fraudulently concealed their relationship with Defendant Atlantic Mortgage and its merger. “[E]quitable tolling is an exception to the rule, and should therefore be used only in exceptional circumstances.” Motley v. United States, 295 F.3d 820, 824 (8th Cir. 2002) (quotation marks and citation omitted).
cited Cited as authority (rule) Stauder v. United States
W.D. Ark. · 2018 · confidence medium
Motley v. United States, 295 F.3d 820, 824 (8th Cir. 2002).
cited Cited as authority (rule) Guillermo Quinones v. United States
8th Cir. · 2014 · confidence medium
See 28 U.S.C. § 2401 (b); Motley v. United States, 295 F.3d 820, 822 (8th Cir.2002); K.E.S. v. United States, 38 F.3d 1027, 1030 (8th Cir.1994).
discussed Cited as authority (rule) Abarca v. Little
D. Minnesota · 2014 · confidence medium
“Because statutes of limitations protect important interests of certainty, accuracy, and repose, equitable tolling is an exception to the rule, and should therefore be used only in exceptional circumstances.” Motley v. United States, 295 F.3d 820, 824 (8th Cir.2002) (citation and internal quotation marks omitted).
discussed Cited as authority (rule) Kost v. Hunt
D. Minnesota · 2013 · confidence medium
“Because statutes of limitations protect important interests of certainty, accuracy, and repose, equitable tolling is an exception to the rule, and should therefore be used only in exceptional circumstances.” Motley v. United States, 295 F.3d 820, 824 (8th Cir. 2002) (internal quotation marks omitted).
discussed Cited as authority (rule) Matthew Koch v. Katherine Gregory
7th Cir. · 2013 · confidence medium
See Kubrick, 444 U.S. at 122-24 , 100 S.Ct. 352 ; Massey v. United States, 312 F.3d 272, 276 (7th Cir.2002); Gonzalez v. United States, 284 F.3d 281, 288-89 (1st Cir.2002); Motley v. United States, 295 F.3d 820, 822 (8th Cir.2002).
discussed Cited as authority (rule) F/S Manufacturing v. Kensmoe
N.D. · 2011 · confidence medium
Generally, “[a] party who claims the benefit of an exception to a statute of limitations bears the burden of showing the exception.” Kimball v. Landeis, 2002 ND 162, ¶ 29 , 652 N.W.2d 330 (citing Motley v. United States, 295 F.3d 820, 824 (8th Cir.2002)); see generally 54 C.J.S.
discussed Cited as authority (rule) State v. Rogers
N.D. · 2011 · confidence medium
Generally, “[a] party who claims the benefit of an exception to a statute of limitations bears the burden of showing the exception.” Kimball v. Landeis , 2002 ND 162, ¶ 29 , 652 N.W.2d 330 (citing Motley v. United States , 295 F.3d 820, 824 (8th Cir. 2002)); see generally 54 C.J.S.
discussed Cited as authority (rule) Firstcom, Inc. v. Qwest Corp.
8th Cir. · 2009 · confidence medium
“Because statutes of limitations protect important interests of certainty, accuracy, and repose, equitable tolling is an exception to the rule, and should therefore be used only in exceptional circumstances.” Motley v. United States, 295 F.3d 820, 824 (8th Cir.2002) (quotation omitted); see Riddle v. Kemna, 523 F.3d 850, 857 (8th Cir.2008) (“Equitable tolling is an exceedingly narrow window of relief.” (quotation omitted)); Pecoraro, 435 F.3d at 875 (“Courts generally require strict compliance with a statute of limitations and rarely invoke doctrines such as equitable tolling to alle…
discussed Cited as authority (rule) Firstcom, Inc. v. Qwest Corporation
8th Cir. · 2009 · confidence medium
“Because statutes of limitations protect important interests of certainty, accuracy, and repose, equitable tolling is an exception to the rule, and should therefore be used only in exceptional circumstances.” Motley v. United States, 295 F.3d 820, 824 (8th Cir. 2002) (quotation omitted); see Riddle v. Kemna, 523 F.3d 850, 857 (8th Cir. 2008) (“Equitable tolling is an exceedingly narrow window of relief.” (quotation omitted)); Pecoraro, 435 F.3d at 875 (“Courts generally require strict compliance with a statute of limitations and rarely invoke doctrines such as equitable tolling to al…
cited Cited as authority (rule) Meagher v. Heggemeier
D. Minnesota · 2007 · confidence medium
Ingram v. United States, 443 F.3d 956, 964 (8th Cir.2006); Motley v. United States, 295 F.3d 820, 824 (8th Cir.2002); Wollman v. Gross, 637 F.2d 544, 548-49 (8th Cir.1980).
discussed Cited as authority (rule) Integrity Floorcovering, Inc. v. Broan-Nu Tone LLC
D. Minnesota · 2007 · confidence medium
In a case involving another exception to the statute of repose — this one for "actions for damages resulting from negligence in the maintenance, operation or inspection of the real property improvement against the owner or other person in possession,” Minn.Stat. § 541.051, subd. 1(c) — the Minnesota Supreme Court adopted the rule that "any exception to the statutes of limitation should be used ‘only in exceptional circumstances’ and the burden of proving the exception lies with the parties who seek to claim the benefit of the exception.” State Farm, 718 N.W.2d. at 886 (quoting Mot…
cited Cited as authority (rule) State Farm Fire & Casualty v. Aquila Inc.
Minn. · 2006 · confidence medium
Motley v. United States, 295 F.3d 820, 824 (8th Cir.2002); see also Baker v. F & F Inv., 420 F.2d 1191, 1198-99 (7th Cir.1970).
discussed Cited as authority (rule) T.L., by and Through Her Mother and Next Friend, Katherine Ingram v. United States of America, Oliver Ward, Dr. Tenet Healthsystem Di, Inc. (2×) also: Cited "see"
8th Cir. · 2006 · confidence medium
Under the FTCA, claims against the United States are barred unless an administrative claim is filed with the appropriate agency within two years after the claim accrues. 28 U.S.C. § 2401 (b). *962 In medical malpractice cases, a claim accrues when the plaintiff “actually knew or in the exercise of reasonable diligence should have known, the cause and existence of his injury.” Motley, 295 F.3d at 822 (internal quotation omitted).
discussed Cited as authority (rule) T.L. v. United States (2×) also: Cited "see"
8th Cir. · 2006 · confidence medium
In medical malpractice cases, a claim accrues when the plaintiff “actually knew or in the exercise of reasonable diligence should -7- have known, the cause and existence of his injury.” Motley, 295 F.3d at 822 (internal quotation omitted).
cited Cited as authority (rule) United States v. Veal
W.D. Mo. · 2004 · confidence medium
Motley v. United States, 295 F.3d 820, 822 (8th Cir.2002).
discussed Cited as authority (rule) Webb v. Pennington County Board of Commissioners
8th Cir. · 2003 · confidence medium
Further, Ham of *366 fered no exceptional circumstances showing he is entitled to equitable tolling, see Motley v. United States, 295 F.3d 820, 824 (8th Cir.2002), and a Bivens action is unavailable against the USMS, see FDIC v. Meyer, 510 U.S. 471, 473, 486 , 114 S.Ct. 996 , 127 L.Ed.2d 308 (1994).
discussed Cited as authority (rule) Wilson v. Brinker International, Inc.
D. Minnesota · 2003 · confidence medium
While plaintiff correctly argues that a party asserting the statute of limitations as an affirmative defense to a hostile work environment claim has the burden of proving that defense, plaintiff fails to recognize that “ ‘[t]he party who is claiming the benefit of an exception to the operation of a statute of limitations bears the burden of showing that he is entitled to it.’ ” Motley v. United States, 295 F.3d 820, 824 (8th Cir.2002) (quoting Wollman v. Gross, 637 F.2d 544, 549 (8th Cir.1980)).
examined Cited as authority (rule) Kimball v. Landeis (4×) also: Cited "see"
N.D. · 2002 · confidence medium
Motley v. United States, 295 F.3d 820, 824 (8th Cir.2002).
discussed Cited "see" Short Creek Development, LLC v. MFA Incorporated
W.D. Mo. · 2024 · signal: see · confidence high
See Motley v. United States, 295 F.3d 820, 824 (8th Cir. 2002) (observing “statutes of limitations protect important interests of certainty, accuracy, and repose”) (citation omitted).
discussed Cited "see" Gabriela Arteaga v. United States
7th Cir. · 2013 · signal: see · confidence high
See Motley v. United States, 295 F.3d 820, 824 (8th Cir.2002); Gonzalez v. United States, 284 F.3d 281, 291-92 (1st Cir.2002); Gould v. U.S. Department of Health & Human Services, supra, 905 F.2d at 745-46; cf. Valdez ex rel.
cited Cited "see" Azizi Ex Rel. Azizi v. United States
D. Neb. · 2004 · signal: see · confidence high
See Motley v. United States, 295 F.3d 820, 822 (8th Cir.2002).
cited Cited "see" Eric L. Wesson v. United States
8th Cir. · 2004 · signal: see · confidence high
See Motley v. United States, 295 F.3d 820, 822 (8th Cir.2002).
cited Cited "see, e.g." Strei v. Blaine
D. Minnesota · 2014 · signal: see also · confidence medium
An administrative claim must be filed within two years after the claim accrues. 28 U.S.C. § 2401 (b); see also Motley v. United States, 295 F.3d 820, 821 (8th Cir.2002).
cited Cited "see, e.g." Valdez Ex Rel. Donely v. United States
2d Cir. · 2008 · signal: see, e.g. · confidence low
See, e.g., Motley v. United States, 295 F.3d 820 (8th Cir.2002); Gonzalez v. United States, 284 F.3d 281 (1st Cir.2002); Gould v. U.S. Dep’t of Health & Human Servs., 905 F.2d 738 (4th Cir.1990).
discussed Cited "see, e.g." Rakes v. United States
1st Cir. · 2006 · signal: see, e.g. · confidence medium
See, e.g., Motley v. United States, 295 F.3d 820, 824 (8th Cir.2002); Perez v. United States, 167 F.3d 913, 917 (5th Cir.1999); Lehman v. United States, 154 F.3d 1010, 1016 (9th Cir.1998); Muth v. United States, 1 F.3d 246, 251 (4th Cir.1993).
discussed Cited "see, e.g." Shirley McLaurin Individually and on Behalf of the Heirs of Milton Stubbs, Deceased v. United States
5th Cir. · 2004 · signal: see, e.g. · confidence medium
See, e.g., Motley v. United States, 295 F.3d 820, 823-24 (8th Cir.2002) ("We apply the doctrine of equitable tolling to FTCA claims against the government.”); Perez v. United States, 167 F.3d 913, 917 (5th Cir.1999) (noting that equitable tolling applies in FTCA cases). 32 . 28 U.S.C. § 2401 (b) ("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...."). 33 .
Retrieving the full opinion text from the archive…
Rosalyn MOTLEY, Et Al., Plaintiffs-Appellants,
v.
UNITED STATES of America, Defendant-Appellee
01-2353.
Court of Appeals for the Eighth Circuit.
Jul 5, 2002.
295 F.3d 820
2002 U.S. App. LEXIS 13294
2002 WL 1446742
Michael E. Hughes, argued, St. Louis, MO (Josh P. Tolin, on the brief), for appellant., Nicholas P. Llewellyn, Asst. U.S. Atty., argued, St. Louis, MO, for appellee.
Loken, Arnold, Murphy.
Cited by 53 opinions  |  Published
LOKEN, Circuit Judge.

Rosalyn Motley gave birth to a stillborn baby girl on February 7, 1996. On May 14, 1998, Motley and the baby’s father filed a wrongful death action in the City of St. Louis Circuit Court against People’s Health Center, Inc. (PHC), alleging that PHC’s substandard prenatal care caused the baby’s intrauterine fetal demise. The United States certified the claim under the Federal Tort Claims Act (FTCA), removed the case to the Eastern District of Missouri, and the district court dismissed the action for failure to exhaust administrative remedies, as the FTCA requires. See 28 U.S.C. § 2675(a). Plaintiffs filed an administrative claim with the Department of Health and Human Services, which was deemed denied for lack of agency action on June 16, 1999. Plaintiffs then filed this FTCA wrongful death action. The district court [1] dismissed the suit as time-barred because plaintiffs failed to file their administrative claim within the required two years. See 28 U.S.C. § 2401(b) (“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 .... ”).

Plaintiffs appeal, raising two distinct statute of limitations issues. First, they[*822] argue the district court erred in concluding their FTCA cause of action accrued on February 7, 1996, the date the baby’s death was discovered, because they did not then know that PHC’s prenatal care had caused the intrauterine demise. If plaintiffs are correct in this regard, their cause of action did not accrue until less than two years before May 14, 1998, when they filed them wrongful death action in state court, and their subsequent FTCA action is timely by reason of the Westfall amendment to the FTCA. See Pub. L. No. 100-694, 102 Stat. 4563 (1988), codified at 28 U.S.C. § 2679(d)(5). Alternatively, plaintiffs argue that the two-year FTCA statute of limitations should be equitably tolled because their state court action was timely filed under the applicable Missouri statute of limitations, and they were unaware that PHC and its medical staff are federal employees for FTCA purposes.

Following the Supreme Court’s decision in Irwin v. Department of Veterans Affairs, 498 U.S. 89, 111 S.Ct. 453, 112 L.Ed.2d 435 (1990), which applied equitable tolling to suits against the government, we held that, “[b]ecause the FTCA’s statute of limitations is not jurisdictional, failure to comply with it is merely an affirmative defense which the defendant has the burden of establishing.” Schmidt v. United States, 933 F.2d 639, 640 (8th Cir.1991). This holding overruled prior Eighth Circuit decisions, which had treated compliance with the statute of limitations as a jurisdictional prerequisite to suing the government under the FTCA. Most of our later cases followed Schmidt in holding that the statute of limitations is an affirmative defense to be pleaded and proved by the government. See, e.g., Krueger v. Saiki, 19 F.3d 1285, 1286 (8th Cir.), cert. denied, 513 U.S. 905, 115 S.Ct. 269, 130 L.Ed.2d 187 (1994); Slaaten v. United States, 990 F.2d 1038, 1043 n. 5 (8th Cir.1993); Arigo v. United States, 980 F.2d 1159, 1161 (8th Cir.1992). But two recent decisions stated that compliance with the statute of limitations is a jurisdictional prerequisite, relying on our pre-Schmidt case law. See McCoy v. United States, 264 F.3d 792, 794 (8th Cir.2001), cert. denied, - U.S. -, 122 S.Ct. 1909, 152 L.Ed.2d 820 (2002), citing Walker v. United States, 176 F.3d 437, 438 (8th Cir.1999). We need not resolve the split in circuit authority to decide this case. Applying the rule in Schmidt because it is more favorable to plaintiffs, we affirm.

I. Accrual of the FTCA Cause of Action.

When a claim accrues under the FTCA is a question of federal law. See Brazzell v. United States, 788 F.2d 1352, 1355 (8th Cir.1986). The general rule is that an FTCA claim accrues at the time of injury. But in medical malpractice cases, the claim accrues when the “plaintiff actually knew, or in the exercise of reasonable diligence should have known, the cause and existence of his injury.” Wehrman v. United States, 830 F.2d 1480, 1483 (8th Cir.1987) (quotation omitted). Knowing the cause and existence of an injury is not the same as knowing that a legal right has been violated. Once a plaintiff knows or should know that he has been injured and who has inflicted the injury, “[tjhere are others who can tell him if he has been wronged, and he need only ask.” United States v. Kubrick, 444 U.S. 111, 122, 100 S.Ct. 352, 62 L.Ed.2d 259 (1979).

In this case, plaintiffs obviously knew the fact of an injury — the baby’s death — no later than February 7, 1996, the date of the stillborn delivery. The issue is when they knew or reasonably should have known that PHC’s prenatal care caused that injury. Motley began her prenatal care at PHC on July 31, 1995 and made[*823] her last prenatal visit to PHC on January 31, 1996. On February 7, Motley was admitted to Deaconess Hospital for labor and delivery; the hospital’s records report an approximate gestational age of 42 $ weeks. When told of the baby’s death, Motley, her family, and the baby’s father expressed “numerous concerns over why [Motley] was not delivered sooner.” Motley testified at her deposition that she believed on February 7 “that the medical personnel at People’s Health Clinic could have done something different that would have prevented this tragedy.” The baby’s father contacted an attorney a week or two after February 7, but he was instructed at his deposition not to answer a question concerning the purpose for that contact. The medical staff at Deaconess offered no explanation for the cause of the baby’s intrauterine demise. Plaintiffs offered no evidence that they undertook any prompt investigation into the cause.

Once aware of the injury, plaintiffs had a duty to exercise due diligence in investigating its cause. See Osborn v. United States, 918 F.2d 724, 732 (8th Cir.1990) (“plaintiff has a duty to inquire into the unknown cause of a known injury”) (quotation omitted); Brazzell, 788 F.2d at 1356 (plaintiff “ought to be charged with ... knowledge [of the cause] as soon as she could have discovered ... the cause by asking a doctor”). Deaconess Hospital could not have caused the injury because the baby died before Motley was admitted. PHC was the sole prenatal care provider. While plaintiffs did not know that substandard prenatal care caused the baby’s death, as opposed to an unknown and unsuspected natural cause, they in fact suspected substandard care, and they had only to ask an independent doctor to review PHC’s records to confirm that suspicion, as was finally done in 1998. This is not a case where Deaconess staff attributed the baby’s death to natural causes, as in Thompson v. United States, 642 F.Supp. 762, 763 (N.D.Ill.1986). This is not a ease where a doctor advised plaintiffs that PHC’s prenatal care was not the cause of the injury, as in Brazzell, 788 F.2d at 1356. Nor is this a case where plaintiffs inquired and doctors repeatedly advised they could find no cause for the injury, as in Osborn, 918 F.2d at 732. Rather, this is a case like Kubrick, where the plaintiff, “armed with the facts about the harm done to him, can protect himself by seeking advice in the medical and legal community,” 444 U.S. at 123, 100 S.Ct. 352. In these circumstances, we agree with the district court that plaintiffs’ malpractice claim against PHC accrued on February 7, 1996.

II. Equitable Tolling.

The FTCA provides the exclusive statutory remedy for plaintiffs’ medical malpractice claim against PHC and its medical staff because this otherwise private medical center is deemed a federal employee for FTCA purposes. [2] Plaintiffs argue that the FTCA’s two-year statute of[*824] limitations should be equitably tolled because (1) they did not know and could not reasonably have known that PHC was a federal employee for FTCA purposes, as neither PHC nor the government made that coverage known, and (2) they sued PHC within the three-year limitations period applicable to wrongful death claims against non-governmental defendants in Missouri.

We apply the doctrine of equitable tolling to FTCA claims against the government. See Niccolai v. U.S. Bureau of Prisons, Dir., 4 F.3d 691, 693 (8th Cir.1993). Because statutes of limitations protect important interests of certainty, accuracy, and repose, equitable tolling “is an exception to the rule, and should therefore be used only in exceptional circumstances.” Dring v. McDonnell Douglas Corp., 58 F.3d 1323, 1330 (8th Cir.1995); see Irwin, 498 U.S. at 96, 111 S.Ct. 453. “The party who is claiming the benefit of an exception to the operation of a statute of limitations bears the burden of showing that he is entitled to it.” Wollman v. Gross, 637 F.2d 544, 549 (8th Cir.1980), cert. denied, 454 U.S. 893, 102 S.Ct. 389, 70 L.Ed.2d 207 (1981).

In this case, plaintiffs argue that Motley was “lulled into a false sense of security” because PHC is a private not-for-profit corporation registered with the State of Missouri, and she was never informed of its FTCA coverage. But plaintiffs were not affirmatively misled by PHC or the government — they simply made no inquiry into PHC’s status while Motley was receiving prenatal care, or during the two-year period after February 7, 1996, when an administrative FTCA claim could have been timely filed. “[T]he statute of limitations under the FTCA does not wait until a plaintiff is aware that an alleged tort-fea-sor is a federal employee.” Garza v. United States Bureau of Prisons, 284 F.3d 930, 935 (8th Cir.2002) (quotation omitted). To toll the statute because of a plaintiffs ignorance of the defendant’s federal employee status, plaintiff “must at the very least show that the information could not have been found by a timely diligent inquiry....” Gonzalez v. United States, 284 F.3d 281, 291 (1st Cir.2002) (emphasis in original, quotation omitted). Here, plaintiffs had ample time after learning of the baby’s death to find the Federally Supported Health Centers Assistance Act of 1992 and to inquire into its possible application to their claim. Their failure to do so was a mistake of law that does not entitle them to equitable tolling. See Kubrick, 444 U.S. at 123-24, 100 S.Ct. 352; Wollman, 637 F.2d at 549.

The judgment of the district court is affirmed.

1

. The Honorable LEWIS M: BLANTON, United States Magistrate Judge for the Eastern District of Missouri, to whom the case was assigned with the consent of the parties. See 28 U.S.C. § 636(c).

2

. The Federally Supported Health Centers Assistance Act of 1992, Pub. L. No. 102-501, made federally funded community health centers such as PHC eligible for FTCA coverage for their medical and related functions. See 42 U.S.C. § 233(g). PHC applied for and received FTCA coverage from December 1, 1993, through January 1, 1996. In December 1995, Congress extended coverage of federally funded health centers indefinitely. See Pub. L. No. 104-73. PHC then received a second letter extending its coverage effective June 23, 1996. Plaintiffs argue that PHC was therefore not covered between January 1 and June 23, 1996, when some of the alleged malpractice occurred. This argument is without merit. Section 5(c) of Pub. L. No. 104-73 provided a 180-day grace period after December 26, 1995, for previously covered health centers such as PHC. The effective date of PHC’s second deeming letter was within this grace period, so PHC's coverage never lapsed.