Only some of the plaintiffs in a wrongful death suit accusing a US Army hospital of negligence can sue, and they’re limited in the damages they can seek, a federal trial court said.
The Federal Tort Claims Act doesn’t waive the federal government’s sovereign immunity as to plaintiffs who didn’t file individual notices of administrative claims, and they can’t piggyback on claims filed by another wrongful death beneficiary, the US District Court for the District of Kansas said Wednesday. Judge Daniel D. Crabtree dismissed claims filed by the patient’s ex-wife and two of his three children.
Crabtree, however, allowed the ...