# Battieste v. United States: The Seven-Year Statute of Repose

Page: https://stenobird.com/podcast/swear-on-the-stand-7111404/battieste-v-united-states-the-seven-year-statute-of-repose
Text version: https://stenobird.com/podcast/swear-on-the-stand-7111404/battieste-v-united-states-the-seven-year-statute-of-repose.md
Podcast: [Swear on the Stand](https://stenobird.com/podcast/swear-on-the-stand-7111404)
Published: 2026-05-01T14:00:00+00:00
Episode link: https://podcasters.spotify.com/pod/show/danielswear/episodes/Battieste-v--United-States-The-Seven-Year-Statute-of-Repose-e3ia600
Audio file: https://anchor.fm/s/fddb5314/podcast/play/118871488/https%3A%2F%2Fd3ctxlq1ktw2nl.cloudfront.net%2Fstaging%2F2026-3-22%2Fd041f6ed-23e2-b71d-646b-8c70020f32c1.m4a
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Duration seconds: 2209

## Resource

This episode details a Fifth Circuit Court of Appeals decision regarding a medical malpractice lawsuit involving a veteran's estate and the federal government. The case stems from an unauthorized surgery performed at a Veterans Affairs hospital in 2006, which the plaintiff argued was only discovered much later. The court focused on whether Mississippi law creates an absolute time limit, known as a statute of repose , for filing such claims. Ultimately, the judges determined that the state's seven-year deadline serves as a final bar to litigation regardless of when the injury was found. Because the lawsuit was initiated nearly two decades after the medical procedure, the court upheld the dismissal of the case. The ruling clarifies that specific state time constraints apply to federal claims brought under the Federal Tort Claims Act .

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## Transcript

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