Laureen Landis v. Mercy Hospital Paris; Mercy Health, Individually and as Administrator of Mercy Health Pooled Comprehensive Liability Program and as Administrator of St. Louis Pooled Comprehensive Liability Program and f/k/a Sisters of Mercy Health System and/or Sisters of Mercy Health System, St. Louis, Inc.; Douglas A. Buckley M.D.; David King M.D.; John Does 1-8; John Doe Insurance Companies/Liability Pools 9-13; John Does 14-20; John Does 21-25; and The United States of America

• Court: District Court, W.D. Arkansas
• Decided: June 5, 2026
• Docket: 2:26-cv-02064
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION

LAUREEN LANDIS PLAINTIFF V. CASE NO. 2:26-CV-02064 MERCY HOSPITAL PARIS; MERCY HEALTH, Individually and as Administrator of Mercy Health Pooled Comprehensive Liability Program and as Administrator of St. Louis Pooled Comprehensive Liability Program and f/k/a SISTERS OF MERCY HEALTH SYSTEM and/or SISTERS OF MERCY HEALTH SYSTEM, ST. LOUIS, INC.; DOUGLAS A. BUCKLEY M.D.; DAVID KING M.D.; JOHN DOES 1-8; JOHN DOE INSURANCE COMPANIES/LIABILITY POOLS 9-13; JOHN DOES 14-20; JOHN DOES 21-25; and THE UNITED STATES OF AMERICA DEFENDANTS ORDER Plaintiff Laureen Landis brought this medical malpractice action in the Circuit Court of Logan County against several different medical providers. On April 29, 2026, the case was removed to this Court. On May 14, this Court substituted the United States for Glenda King and River Valley Primary Care Services. The United States moved to dismiss the complaint against it on April 29, claiming Ms. Landis has not exhausted her administrative remedies under the Federal Tort Claims Act (“FTCA”). See Doc. 10, p. 2. Ms. Landis has not filed a response. For the following reasons, the Motion is GRANTED, the claims against the United States are DISMISSED without prejudice, and the remaining causes of action are REMANDED back to the Circuit Court of Logan County, Arkansas. The FTCA is a limited waiver of the United States’ sovereign immunity, but “[t]he FTCA bars claimants from bringing suit in federal court until they have exhausted their

administrative remedies.” McNeil v. United States, 508 U.S. 106, 113 (1993). The Eighth Circuit treats the failure to exhaust administrative remedies under the FTCA as a matter of subject matter jurisdiction. See King v. United States, 3 F.4th 996, 999 (8th Cir. 2021). When considering a factual challenge to subject matter jurisdiction under Rule 12(b)(1) of the Federal Rules of Civil Procedure, “the trial court is free to weigh the evidence and satisfy itself as to the existence of its power to hear the case.” Osborn v. United States, 918 F.2d 724, 730 (8th Cir. 1990) (citation modified). To sue the United States for her medical malpractice claims, Ms. Landis must file an administrative tort claim with the Department of Health and Human Services (DHHS). The undisputed affidavit of Dana Wyche-Adams states Ms. Landis has not filed such a claim with DHHS. (Doc. 9-1, {| 4). The claims against the United States, therefore, are DISMISSED. ‘

Since the action was removed to this Court solely on the United States’ presence as a defendant, dismissing the claims against the United States means this Court loses subject matter jurisdiction over the remaining claims. “If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded.” 28 U.S.C. § 1447(c). The remaining claims are REMANDED to the Circuit Court of Logan County, Arkansas. IT IS THEREFORE ORDERED that the Government's Motion to Dismiss (Doc. 9) is GRANTED, the claims against the United States are DISMISSED and this case is immediately REMANDED to the Circuit Court of Logan County, Arkansas. IT IS SO ORDERED on this 6 “day of June, 2026.

CHIEF UNITED STATES DISTRICT JUDGE