This section contains the nature of the case and procedural background.

Kubrick (P) was a veteran admitted to a VA hospital in April 1968 for treatment of an infection of the right femur. After his release, P had a ringing sensation in his ears and some loss of hearing. An ear specialist diagnosed the condition as bilateral nerve deafness. A doctor suggested to P that the loss might have been due to the use of neomycin when the VA treated his right femur. P filed a claim for increased benefits from the VA due to the hearing loss. It was denied, submitted, and denied again. Eventually, an attorney was contacted, and in August 1972, the VA recognized that the hearing loss might have been caused by the use of the neomycin but rejected P's claim as the treatment was in accord with accepted medical practices and procedures. P sued, and judgment was rendered in his favor. The court ruled that P had no reason to suspect negligence until a conversation in June 1971 with a Dr. Soma and well within the two-year statute of limitations. The Court of Appeals affirmed. The Supreme Court granted certiorari.

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