Mader v. United States

BYE, Circuit Judge.

Nancy Mader sued the United States under the Federal Tort Claims Act, alleging the Department of Veterans Affairs (VA) acted negligently in providing medical treatment to her late husband, Robert Mader. The district court granted the government’s motion to dismiss for lack of subject matter jurisdiction, Fed.R.Civ.P. 12(b)(1), holding Mader’s failure to provide the VA with proof of her status as the legal representative of her husband’s estate, as well as proof of Mader’s attorney’s authority to bring a claim on her behalf, precluded jurisdiction. We conclude a plaintiff…