Mader v. United States

619 F.3d 996, 2010 U.S. App. LEXIS 18142, 2010 WL 3396851
CourtCourt of Appeals for the Eighth Circuit
DecidedAugust 31, 2010
Docket09-1025
StatusPublished
Cited by3 cases

This text of 619 F.3d 996 (Mader v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mader v. United States, 619 F.3d 996, 2010 U.S. App. LEXIS 18142, 2010 WL 3396851 (8th Cir. 2010).

Opinions

BYE, Circuit Judge.

Nancy Mader sued the United States under the Federal Tort Claims Act, alleging the Department of Veterans Affairs (VA) acted negligently in providing medical treatment to her late husband, Robert Mader. The district court granted the government’s motion to dismiss for lack of subject matter jurisdiction, Fed.R.Civ.P. 12(b)(1), holding Mader’s failure to provide the VA with proof of her status as the legal representative of her husband’s estate, as well as proof of Mader’s attorney’s authority to bring a claim on her behalf, precluded jurisdiction. We conclude a plaintiff meets the Act’s jurisdictional prerequisites when she provides the relevant agency with “(1) sufficient information for the agency to investigate the claims ... and (2) the amount of damages sought.” Farmers State Sav. Bank v. Farmers Home Admin., 866 F.2d 276, 277 (8th Cir. 1989). Because Mader met these requirements, we reverse and remand.

I

Robert Mader received medical care at the Veterans Affairs Medical Center in Lincoln, Nebraska. On or about May 28, 2004, a physician instructed Mr. Mader to taper off his previously prescribed medicine of Paxil by taking half a tablet daily for one week and then stopping entirely. Mr. Mader was then instructed to begin taking Seroquel. Mr. Mader followed these instructions. On or about August 3, 2004, Mr. Mader died due to a self-inflicted gunshot wound to the head.

Nancy Mader1 first sought an administrative remedy, filing a complaint with the VA, alleging negligence in the VA’s medical care of her husband. After receiving the complaint, the VA requested proof of Mader’s status as the legal representative of her husband’s estate, as well as proof of Mader’s attorney’s authority to bring a claim on her behalf. Neither Mader nor her attorney responded to this request. The VA denied Mader’s administrative claim on both procedural and substantive grounds. First, the VA found that Mader, by failing to submit the requested agency information, had failed to perfect a claim. Second, and in the alternative, the VA found that even if Mader had submitted a valid claim, no negligence occurred in the care of Robert Mader.

Nancy Mader filed suit in district court under the Federal Tort Claims Act. The United States brought a motion to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1). The district court granted the government’s motion, holding that Mader, by failing to answer the VA’s request for information, had failed to satisfy the jurisdictional prerequisites to bringing an action in federal court. Accordingly, the district court dismissed Mader’s cona-[998]*998plaint without prejudice. Mader appeals the dismissal of her case.

II

This court reviews the district court’s subject matter jurisdiction de novo. See Keene Corp. v. Cass, 908 F.2d 293, 296 (8th Cir.1990).

The United States enjoys sovereign immunity except to the extent it has consented to be sued. United States v. Sherwood, 312 U.S. 584, 586, 61 S.Ct. 767, 85 L.Ed. 1058 (1941); Iowa Pub. Serv. Co. v. Iowa State Commerce Com’n, 407 F.2d 916, 920 (8th Cir.1969). A corollary to the immunity doctrine is the rule that the United States may define the conditions under which actions are permitted against it. Peterson v. United States, 428 F.2d 368, 369 (8th Cir.1970).

The condition at issue here is the requirement found at 28 U.S.C. § 2675(a) that a claim be properly presented to the appropriate federal agency and denied before an action can be brought in federal district court. This court has held that the administrative exhaustion requirement of 28 U.S.C. § 2675(a) is jurisdictional, Melo v. United States, 505 F.2d 1026, 1028 (8th Cir.1974); Meeker v. United States, 435 F.2d 1219, 1220 (8th Cir.1970), and thus, it cannot be waived.

Section 2675(a) states, in relevant part: “An action shall not be instituted upon a claim against the United States ... unless the claimant shall have first presented the claim to the appropriate Federal agency.... ” The statute is silent on the meaning of the phrase “presented the claim.”

The relevant legislative history described the administrative exhaustion requirement as:

intended to ease court congestion and avoid unnecessary litigation, while making it possible for the Government to expedite the fair settlement of tort claims asserted against the United States. In accomplishing these purposes, the more expeditious procedures provided by this bill will have the effect of reducing the number of pending claims which may become stale because of the extended time required for their consideration. The committee observes that the improvements contemplated by the bill would not only benefit private litigants, but would also be beneficial to the courts, the agencies, and the Department of Justice itself.

S.Rep. No. 89-1327 (1966), as reprinted in 1966 U.S.C.C.A.N. 2515, 2516.

The Department of Justice has promulgated regulations governing the presentment process which the government contends govern the sufficiency of notice for jurisdictional purposes. The relevant regulation, 28 C.F.R. § 14.2,- states, in relevant part:

a claim shall be deemed to have been presented when a Federal agency receives from a claimant, his duly authorized agent or legal representative, an executed Standard Form 95 or other written notification of an incident, accompanied by a claim for money damages in a sum certain for injury to or loss of property, personal injury, or death alleged to have occurred by reason of the incident; and the title or legal capacity of the person signing, and is accompanied by evidence of his authority to present a claim on behalf of the claimant as agent, executor, administrator, parent, guardian, or other representative.

28 C.F.R. § 14.2(a).

There is a split of authority among courts regarding the scope of the jurisdictional prerequisites necessary to hear claims brought pursuant to the Federal [999]*999Tort Claims Act. The majority of courts have held that a plaintiff must give the applicable agency “minimal notice,” which includes (1) a written statement sufficiently describing the injury to enable the agency to begin its own investigation, and (2) a sum-certain damages claim. See, e.g., GAF Corp. v. United States, 818 F.2d 901, 919 (D.C.Cir.1987).

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Mader v. United States
619 F.3d 996 (Eighth Circuit, 2010)

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619 F.3d 996, 2010 U.S. App. LEXIS 18142, 2010 WL 3396851, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mader-v-united-states-ca8-2010.