What is the statute of limitations for a plaintiff who alleges he was lied to about the possible side effects of radiation from a radiation experiment?

was lied to about the possible side effects of the radiation and about the nature and purpose of the experiments. He also brings related state-law claims for fraud, battery, breach of fiduciary duty, strict liability for ultra hazardous activity and intentional infliction of emotional distress. These claims¹ have their roots in the events of over three decades ago, and the parties agree that the statute of limitations applicable to both the federal and the state claims is two years. See Wilson v. Garcia, 471 U.S. 261, 276 (1985) (holding that the appropriate state statute of limitations to borrow for section 1983 actions is that for recovery of damages for personal injuries); Or. Rev. Stat. S 12.110 (1997). The question remains: Two years from when?

Because it is inequitable to bar someone who has no idea he has been harmed from seeking redress, the statute of limitations has generally been tolled by the "discovery rule." Under this rule, the statute only begins to run once a plaintiff has knowledge of the "critical facts" of his injury, which are "that he has been hurt and who has inflicted the injury." United States v. Kubrick, 444 U.S. 111, 122 (1979). In addition to being a rule of Oregon law, see, e.g. , Gaston v. Parsons, 864 P.2d 1319, 1323 (Or. 1994), the discovery rule has been observed as a matter of federal law, see Kubrick, 444 U.S. at 120.²