Lotrionte v. United States

OPINION

MILTON POLLACK, District Judge.

Vito Lotrionte died on April 11, 1978, from a heart attack while under treatment at the Veterans Administration hospital in the Bronx, New York. His widow sues individually and as administratrix of his estate and asserts claims of negligence, failure to obtain informed consent and loss of consortium against defendant. Defendant moves to dismiss for lack of subject matter jurisdiction and for failure to state a claim upon which relief can be granted.

The basis for defendant’s motion is plaintiff’s alleged failure to comply with the jurisdictional…