Carl Huddleston v. United States, 485 F. App'x 744 (6th Cir. 2012). · Go Syfert
Carl Huddleston v. United States, 485 F. App'x 744 (6th Cir. 2012). Cases Citing This Book View Copy Cite
48 citation events (48 in the last 25 years) across 16 distinct courts.
Strongest positive: Estate of William Colt Hall, et al. v. United States of America, et al. (kyed, 2026-03-25)
Treatment trajectory · 2012 → 2026 · click a year to view as-of
2012 2019 2026
Top citers, strongest first. 21 distinct citers. How cited ↗
discussed Cited as authority (rule) Estate of William Colt Hall, et al. v. United States of America, et al.
E.D. Ky. · 2026 · confidence medium
“Courts applying the FTCA look to the substantive tort law of the state in which the cause of action arose to determine liability and damages.” Huddleston v. United States, 485 F. App'x 744, 745 (6th Cir. 2012) (citing Ward v. United States, 838 F.2d 182, 184 (6th Cir.1988)).
discussed Cited as authority (rule) Chadwell v. United States of America, The
D. Kan. · 2025 · confidence medium
See Augutis, 732 F.3d at 754 ; Bennett v. United States, 44 F.4th 929, 938 (9th Cir. 2022); Huddleston v. United States, 485 F. App'x 744, 746 (6th Cir. 2012); Jones v. United States, No. 22-13381, 2024 WL 837054 , at *4 (11th Cir. Feb. 28, 2024).
cited Cited as authority (rule) Boswell v. United States
E.D. Ky. · 2025 · signal: cf. · confidence medium
Cf. Huddleston v. United States, 485 F. App’x 744, 745-46 (6th Cir. 2012).
discussed Cited as authority (rule) Widmann v. United States
E.D. Tenn. · 2025 · confidence medium
Thus, courts applying the FTCA must “look to the substantive tort law of the state in which the cause of action arose to determine liability and damages.” Huddleston v. United States, 485 F. App’x 744, 745 (6th Cir. 2012).
discussed Cited as authority (rule) Zeiner v. United States of America, Department of Veteran's Affairs
D. Kan. · 2025 · confidence medium
See id.; Augutis, 732 F.3d at 754 ; Huddleston v. United States, 485 F. App'x 744, 746 (6th Cir. 2012); Jones v. United States, No. 22-13381, 2024 WL 837054 , at *4 (11th Cir. Feb. 28, 2024). 4 The court declines to address whether there is a conflict between the FTCA and the statute of repose in circumstances confronted by the court in Doe BF.
discussed Cited as authority (rule) Tripp v. United States
E.D. Mich. · 2024 · confidence medium
Huddleston v. United States, 485 F. App’x 744, 745 (6th Cir. 2012) (“Courts applying the FTCA look to the substantive tort law of the state in which the cause of action arose to determine liability and damages.” (citation omitted)).
cited Cited as authority (rule) Buchanan v. United States
W.D. Ky. · 2022 · confidence medium
Huddleston v. United States, 485 F. App’x 744, 745 (6th Cir. 2012).
discussed Cited as authority (rule) Tuck v. Metcalf (2×) also: Cited "see"
D. Colo. · 2022 · confidence medium
Similarly, in Huddleston v. United States, the Sixth Circuit concluded that the plaintiff’s FTCA claim was barred by a Tennessee statute of repose. 485 F. App’x 744, 746 (6th Cir. 2012).
cited Cited as authority (rule) Sweeten v. United States
W.D. Ky. · 2022 · confidence medium
Huddleston v. United States, 485 F. App’x 744, 746 (6th Cir. 2012).
discussed Cited as authority (rule) Bender v. Department of Veteran's Affairs
S.D. Ohio · 2020 · confidence medium
“Courts applying the FTCA look to the substantive tort law of the state in which the cause of action arose to determine liability and damages.” Huddleston v. United States, 485 F. App’x 744, 745 (6th Cir. 2012).
discussed Cited as authority (rule) A. J.J. T. v. United States
M.D. Tenn. · 2020 · confidence medium
Courts applying the FTCA must, therefore, “look to the substantive tort law of the state in which the cause of action arose to determine liability and damages.” Huddleston v. United States, 485 F. App’x 744, 745 (6th Cir. 2012).
cited Cited as authority (rule) Eiswert v. United States
E.D. Tenn. · 2018 · confidence medium
In Huddleston v. United States , 485 Fed.
discussed Cited as authority (rule) Bagley v. United States
D. Neb. · 2016 · signal: cf. · confidence medium
See, Augutis v. United States, 732 F.3d 749, 754 (7th Cir. 2013); Anderson v. United States, 474 Fed.Appx. 891 (4th Cir. 2011); Smith v. United States, 430 Fed.Appx. 246, 246-47 (5th Cir. 2011); cf. Huddleston v. United States, 485 Fed.Appx. 744, 745-46 (6th Cir. 2012) (dismissing FTCA suit where plaintiff did not file his administrative claim until after the state statute of repose).
discussed Cited as authority (rule) Tracy Eiswert v. United States
6th Cir. · 2016 · confidence medium
First, in Huddleston v. United States, 485 Fed.Appx. 744, 746 (6th Cir.2012), a panel of this Court held that “applying Tennessee’s statute of repose to FTCA plaintiffs does not run afoul of the Supremacy Clause.” We did not decide, however, “whether Huddleston could bring suit if he had filed his administrative claim with the VA within three years” because Huddleston did not file his VA claim until after the statute of repose had lapsed.
discussed Cited as authority (rule) Augutis v. United States (2×) also: Cited "see"
7th Cir. · 2013 · signal: cf. · confidence medium
In so doing, we join two of our sister circuits, which have also determined that “an FTCA claim does not lie against the United States where a statute of repose would bar the action if brought against a private person in state court.” Anderson v. United States, 669 F.3d 161, 165 (4th Cir.2011); Smith v. United States, 430 Fed.Appx. 246, 246-47 (5th Cir.2011) (per curiam); cf. Huddleston v. United States, 485 Fed.Appx. 744, 745-416 (6th Cir.2012) (dismissing an FTCA suit where the plaintiff did not file his administrative claim until after the state statute of repose had run).
cited Cited as authority (rule) Daniel v. United States
N.D. Ohio · 2013 · confidence medium
Huddleston v. United States, 485 Fed.Appx. 744, 745 (6th Cir.2012).
cited Cited "see" Bette Bennett v. United States
9th Cir. · 2022 · signal: see · confidence high
See id. at *15–16.
cited Cited "see" Tracy Eiswert v. United States
6th Cir. · 2015 · signal: see · confidence high
See 485 Fed.Appx. 744 (6th Cir.2012).
examined Cited "see" Robert Kennedy v. United States of America Veterans Admin. (4×) also: Cited "see, e.g."
6th Cir. · 2013 · signal: see · confidence high
See 485 F. App’x at 745–46.
cited Cited "see" Stinnett v. United States
M.D. Tenn. · 2012 · signal: see · confidence high
See Huddleston, 485 Fed.Appx. at 745-46 , 2012 WL 1816261 , at *2. .
discussed Cited "see, e.g." Phillips v. United States
W.D. Ark. · 2022 · signal: see, e.g. · confidence medium
See, e.g., Huddleston v. United States, 485 F. App'x 744, 746 (6th Cir. 2012) (affirming dismissal of FTCA medical malpractice claim because Tennessee statute of repose had lapsed); Allen v. United States, 2017 WL 1355492 , at *3 (E.D.
Retrieving the full opinion text from the archive…
Carl O. HUDDLESTON; Tammy L. Huddleston, Plaintiffs-Appellants,
v.
UNITED STATES of America, Defendant-Appellee
11-5873.
Court of Appeals for the Sixth Circuit.
May 21, 2012.
485 F. App'x 744
Gibbons, Rogers, Cook.
Cited by 26 opinions  |  Unpublished
COOK, Circuit Judge.

Carl O. Huddleston appeals the district court’s dismissal of his medical malpractice claim against the United States under the Federal Tort Claims Act (“FTCA”). We affirm.

Huddleston claims that employees of the United States Department of Veterans Affairs (“VA”) Hospital in Murfreesboro, Tennessee committed medical malpractice in connection with his October 2006 colo-noscopy. Specifically, he contends that VA employees negligently reprocessed equipment used in the colonoscopy and that he contracted hepatitis B as a result. The VA informed Huddleston of the mishandling of the colonoscopy equipment in February 2009, and he tested positive for[*745] hepatitis B later the same month. Hud-dleston filed an administrative tort claim with the VA on December 17, 2009. On September 14, 2010, the VA denied Hud-dleston’s claim. He filed his complaint in the district court on March 11, 2011. [1]

The government moved to dismiss Hud-dleston’s malpractice claim under Federal Rule of Civil Procedure 12(b)(1), arguing that Tennessee’s three-year statute of repose for medical malpractice lawsuits barred Huddleston’s claim. The district court granted the motion. This timely appeal followed.

Huddleston asserts that the district court violated the Supremacy Clause by allowing the Tennessee statute of repose to override 28 U.S.C. § 2401(b), which provides:

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 or unless action is begun within six months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the agency to which it was presented.

Huddleston asserts that his claim is timely under federal law because he filed his VA administrative claim within two years after he tested positive for hepatitis B, and filed his complaint with the district court within six months after the VA denied his administrative claim. The Supremacy Clause, Huddleston argues, does not permit Tennessee’s statute of repose to trump § 2401(b).

Huddleston’s argument misconstrues the FTCA. “The FTCA does not create liability, it merely waives sovereign immunity to the extent that state-law would impose liability on ‘a private individual in similar circumstances.’” Myers v. United States, 17 F.3d 890, 899 (6th Cir.1994) (quoting 28 U.S.C. § 2674). Courts applying the FTCA look to the substantive tort law of the state in which the cause of action arose to determine liability and damages. See Ward v. United States, 838 F.2d 182, 184 (6th Cir.1988) (citing 28 U.S.C. §§ 1846(b), 2674). Against this backdrop, § 2401(b) cannot relieve plaintiffs from the substantive requirements of state tort law; it acts merely as a limitation on the federal government’s waiver of sovereign immunity. Cf. Spannaus v. Dep’t of Justice, 824 F.2d 52, 55 (D.C.Cir.1987) (“Unlike an ordinary statute of limitations, § 2401(a) is a jurisdictional condition attached to the government’s waiver of sovereign immunity, and as such must be strictly construed.”); In re Franklin Sav. Corp., 385 F.3d 1279, 1287 (10th Cir.2004) (“Timeliness of suit is one of the conditions of the government’s waiver of sovereign immunity under the FTCA, and the district court lacks subject matter jurisdiction to proceed under the FTCA if a plaintiff fails to satisfy the FTCA’s timing requirements set forth in § 2401(b).”). Plaintiffs must satisfy § 2401(b) in addition to-rather than in place of — meeting substantive state tort— law requirements.

Huddleston claims medical malpractice by VA employees. A plaintiff must meet the requirements of Tennessee’s statute of repose in order to have a cause of action for medical malpractice under Tennessee law:

In no event shall any [medical malpractice] action be brought more than three (3) years after the date on which the negligent act or omission occurred except where there is fraudulent concealment on the part of the defendant....

Tenn.Code Ann. § 29-26-116(a)(3). The statute of repose is a substantive require[*746] ment, not just a procedural hurdle. See, e.g., Cronin v. Howe, 906 S.W.2d 910, 913 (Tenn.1995); Montgomery v. Wyeth, 580 F.3d 455, 468 n. 7 (6th Cir.2009). Unlike a statute of limitations, which eliminates the remedy available to plaintiffs, Tennessee’s statute of repose extinguishes the cause of action itself. Id. Such substantive limitations apply to suits brought against the United States under the FTCA, which permits liability only where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred. See 28 U.S.C. § 2674 (“The United States shall be liable, respecting the provisions of this title relating to tort claims, in the same manner and to the same extent as a private individual under like circumstances.... ”). Because federal law incorporates state substantive law for the purposes of FTCA claims, applying Tennessee’s statute of repose to FTCA plaintiffs does not run afoul of the Supremacy Clause.

Huddleston underwent the colonos-copy in 2006 and filed his complaint in 2010 without claiming fraudulent concealment. Consequently, at the time of his complaint, Tennessee law recognized no cause of action for alleged medical negligence regarding his medical treatment in 2006. The limitations period of § 2401(b) is of no moment because the applicable state law provides no cause of action.

We need not decide whether Huddleston could bring suit if he had filed his administrative claim with the VA within three years because Huddleston did not, in fact, file his claim with the VA until December 2009, two months after the statute of repose extinguished his claim.

For these reasons, we affirm.

1

. Huddleston's wife also brought a claim for loss of consortium that the district court dismissed, but the Huddlestons did not appeal the dismissal of that claim.