Floyd Benge and Jean Benge, and Gloria Springer, as Guardian, Next Friend and Custodial Parent of Travis Benge, a Minor v. United States

TACHA, Circuit Judge.

Plaintiffs appeal the district court’s grant of defendant’s motion to dismiss. The district court found that the limitations period on plaintiffs’ claims had run. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

I. Background

United States Army Staff Sergeant Michael Benge died in 1989 due to a brain tumor. Plaintiffs Floyd and Jean Benge are Michael Benge’s parents. Plaintiff Travis Benge is Michael Benge’s son.

As permitted under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346(b), 2671-79, Plaintiffs Jean Benge and Travis Benge filed administrative…