Dawson Ex Rel. Estate of Dawson v. United States

ORDER

NORTON, District Judge.

This matter comes before the court on defendant’s Motion to Dismiss. Defendant has moved to dismiss plaintiffs complaint for lack of subject matter jurisdiction under Fed.R.Civ.P. 12(b)(1). Defendant argues that plaintiffs administrative claim was not properly filed with the Department of Veterans Affairs Regional Counsel’s office and that, as a result, plaintiff is not the proper party to bring suit against it under the Federal Tort Claims Act.

I. Background

On April 1, 2004, plaintiff, Eva Dawson (“Ms. Dawson”), filed survival and wrongful death claims against…