King v. United States, No. 20-2697 (8th Cir. 2021)
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The Eighth Circuit reversed the district court's dismissal of Plaintiffs Mullen and King's complaint against the United States based on lack of subject matter jurisdiction. Plaintiffs' causes of action stemmed from the death of Rosemarie Ismail, a 69-year-old veteran who died from a hematoma after a liver biopsy performed at a VA hospital. The district court concluded that King failed to properly present her Federal Tort Claims Act (FTCA) claim because Mullen, who filed an administrative wrongful death claim with the VA as the personal representative of Ismail's estate, did not have the authority under Missouri law to act on King's behalf.
The court held that the DOJ regulations specifically contemplate that Mullen, as the personal representative of Ismail's estate, may present an administrative wrongful death claim even if she is not authorized to bring an FTCA action in that same capacity. Given the court's plain reading of the FTCA and the corresponding regulations, the court concluded that Mullen had the requisite authority to present a wrongful death claim to the VA and consequently that King's FTCA claim was administratively exhausted. The court explained that an FTCA notice of claim need not be filed by a party with the legal authority or capacity under state law to represent the beneficiaries' interests in state court. Therefore, the district court had subject matter jurisdiction over King's FTCA claim. The court remanded for further proceedings.
Court Description: [Kelly, Author, with Grasz and Kobes, Circuit Judges] Civil case - Federal Tort Claims Act. Department of Justice regulations specifically contemplate Ms. Mullen, the personal representative of the deceased's estate appointed under Missouri law, may present an administrative wrongful death claim even it she is not authorized to bring an FTCA claim in that same capacity; given the plain reading of the FTCA and the corresponding regulations, Ms. Mullen, as the personal representative, had the requisite authority to present a wrongful death claim to the VA, and plaintiff King's FTCA claim was administratively exhausted by the denial of Ms. Mullen's claim; as a result, the district court had subject matter jurisdiction over King's FTCA action, and erred in dismissing the case; remanded for further proceedings. [ June 29, 2021 ]
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