Ronald Warrum, in His Capacity as Personal Representative of the Estate of Joseph F. Sayyah, Deceased v. United States

SYKES, Circuit Judge.

Ronald Warrum appeals the district court’s dismissal of this wrongful death action brought under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 2671 et seq. Warrum, as personal representative of the estate of Joseph Sayyah, alleges that in 1998 Dr. Asif Ali, a physician at the Department of Veterans Affairs (“VA”) clinic in Evansville, Indiana, failed to properly diagnose Sayyah’s esophageal cancer and that the misdiagnosis caused Sayyah’s death in 2002.

The district court dismissed the action for failure to comply with the administrative exhaustion requirement of 28…