Aaron Schwarder Donna Eubanks Kathleen Schwarder v. United States

The question we must decide in this case is a narrow one. Has Congress procedurally barred the maintenance of a wrongful death action by the decedent’s survivors when the deceased or his estate previously settled the claim for physical injuries with the United States? I respectfully dissent from the majority’s conclusion that we may imply an intent by Congress to waive the sovereign immunity of the United States against wrongful death actions under such circumstances. To the contrary, in enacting section 2672, Congress precluded an heir’s wrongful death claim where the decedent or his or her…