Holloway v. United States, No. 16-1402 (1st Cir. 2017)Annotate this Case
Plaintiff was injured while receiving treatment at a federally funded healthcare facility. Plaintiff later filed an administrative claim with the Department of Health and Human Services (HHS) using a Standard Form 95 (SF 95). Plaintiff, however, failed to fill out the box for a sum certain. HHS denied Plaintiff’s claim. Thereafter, Plaintiff sued the United States seeking damages under the Federal Tort Claims Act (FTCA). The United States moved to dismiss the case for lack of subject matter jurisdiction on the basis of Plaintiff’s failure to provide a timely sum-certain demand. The magistrate judge treated the motion as one for summary judgment and recommended that judgment enter for the United States, concluding that Plaintiff did not timely satisfy the FTCA’s requirements. The district judge adopted the magistrate judge’s recommendation on de novo review. The First Circuit affirmed, arguing that, where Plaintiff’s SF 95 did not include a sum certain, none of Plaintiff’s arguments for reversal had merit.