Robert F. Burns v. United States
Court of Appeals for the Ninth Circuit
1Opinion of the Court
J. BLAINE ANDERSON, Circuit Judge:
Robert F. Burns filed suit against the United States pursuant to the Federal Tort Claims Act (FTCA), 28 U.S.C. § 2671 et seq., alleging medical malpractice as a result of treatment he received at a Veterans Administration (V.A.) hospital. Relying on 28 U.S.C. § 2675(a), the district court granted defendant’s motion for summary judgment and dismissed the action, ruling that a sufficient administrative claim had not been filed, which deprived the court of subject matter jurisdiction. Burns now appeals. We affirm.
I. BACKGROUND
In August of 1976, Burns was…
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