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May 14, 2021

eBook details

Title: Burchfield V. United States
Author : Eleventh Circuit U.S. Court of Appeals
Release Date : January 02, 1999
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 58 KB

Description

A plaintiff who sues under the Federal Tort Claims Act, 28 U.S.C. §§ 2671 et seq., must first present his or her claim to the appropriate federal agency. 28 U.S.C. § 2675(a). This case requires us to determine the amount of information that this claim must contain. Appellant Boyd Burchfield ("Burchfield") sued the United States pursuant to the FTCA, alleging that the negligence of employees of the Department of Veterans Affairs ("VA") led to his severe osteoporosis. The district court held that it lacked subject matter jurisdiction over the complaint because the claim that Burchfield had presented to the VA did not satisfy 28 U.S.C. § 2675(a). We conclude that Burchfield's claim contained sufficient information to meet the presentment requirements of section 2675(a), and therefore reverse and remand for further proceedings.

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