Dewey Brown, as the Personal Representative of the Estate of Charlie Brown v. United States

TJOFLAT, Circuit Judge,

specially concurring:

I agree with the majority’s disposition of the setoff issue. Were I writing for the majority, however, I would not have reached that issue. I would have held that the district court lacked subject matter jurisdiction to entertain the wrongful death suit because appellee failed to comply with *1163the requirements of 28 U.S.C. § 2675(a) (1982).1

Compliance with section 2675(a)’s administrative filing requirement is a jurisdictional prerequisite to bringing suit in federal court under the Federal Tort Claims Act. See Lykins v. Pointer, Inc., 725 F.2d 645,…