Fortner v. U.S. Department of Health and Human Services

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI SOUTHEASTERN DIVISION NIKKCO L. FORTNER, ) ) Plaintiff, ) ) v. ) Case No. 1:21-CV-00129 SNLJ ) XAVIER BECERRA, SECRETARY, ) U.S. DEPT. OF HEALTH AND HUMAN ) SERVICES, et al., ) ) Defendants. ) MEMORANDUM AND ORDER This case comes before the Court on a motion under Federal Rule of Civil Procedure 12(b)(1) to dismiss for lack of subject matter jurisdiction. Plaintiff has responded, defendants have replied, and the matter is ripe for disposition. I. Factual Background After plaintiff was injured in a vehicle accident, she received medical…