Rollo-Carlson v. United States, No. 19-1815 (8th Cir. 2020)Annotate this Case
The Eighth Circuit affirmed the district court's dismissal, based on lack of subject matter jurisdiction, of plaintiff's suit against the government under the Federal Tort Claims Act (FTCA), alleging that the VA provided negligent psychiatric care that resulted in her son's death. In this case, plaintiff concedes she was not the appointed trustee under Minnesota law and was only the next-of-kin at the time she filed a claim with the VA. Therefore, plaintiff failed to present the VA with her authority to act as the trustee as required by the FTCA. Because this was a jurisdictional requirement under the FTCA, the court held that the complaint was properly dismissed.