Personal Injury Lawsuits Against Federal Government

Suing the federal government for personal injury is not as straightforward as filing a claim against a private individual or company. Under the doctrine of sovereign immunity, the government is generally immune from lawsuits unless it specifically allows itself to be sued.

Fortunately, the Federal Tort Claims Act (FTCA) provides a legal pathway for individuals to sue the federal government and seek compensation when injured by the negligence of a federal government employee or entity. However, navigating an FTCA claim involves strict procedures, unique timelines, and exceptions that don’t apply in traditional personal injury cases.

This article breaks down the key aspects of filing a claim under the FTCA, including when the law applies, the procedural steps, and examples of recent Federal Tort Claims Act settlement amounts and jury verdicts.

Application of the FTCA

The starting point for any FTCA analysis is whether the FTCA applies to your case in the first place. The FTCA is only applicable to tort claims in which the prospective defendant is either a branch or entity of the federal government or an employee of a branch or entity of the federal government (provided the alleged wrongdoing occurred within the scope of their employment).

Government contractors and the agents and employees of government contractors are NOT covered by the FTCA. Also, if the defendant is a government employee the FTCA does not apply if the negligent actions occur outside the scope of their employment. So if the government employee rear-ends you on their commute home, the FTCA is not applicable. Also, the FTCA only covers negligent actions. Intentional conduct by a federal government employee is not subject to the FTCA. So if a government employee physically assaults someone the claim falls outside the FTCA. There are limited exceptions to this for intentional misconduct committed by federal law enforcement officers.

FTCA Claim Procedure

If you have a tort claim that is covered by the FTCA you will need to carefully follow the procedural and notice requirements outlined in the FTCA. The first step in bringing a claim under the FTCA is to file an administrative claim. The administrative claim must be filed with the government branch or entity that is responsible for the alleged negligence. So if you get rear-ended by a post office truck, you would file your administrative claim with the U.S. Postal Service. There is a standard FTCA claim form available for use in submitting administrative claims.

This FTCA administrative claim should be filed as soon as possible. The FTCA requires administrative claims to be filed within 2 years of the date of the alleged incident, but we strongly recommend filing within 1 year. Once your administrative claim is filed, the government entity has a 6-month time frame to formally respond to your claim. They can either accept your claim and agree to pay a certain amount in damaged. Or they can reject your claim and refuse to pay any damaged. If your claim is rejected, you have only 6 months to file a lawsuit against the government entity.

Lawsuits under the FTCA must be filed in the United States District Court for your home state or for the state where the alleged incident occurred. Federal government entities can not be sued in state court.

Understanding the Statute of Limitations Under the FTCA

One of the most important aspects of filing a claim under the Federal Tort Claims Act is adhering to the strict statute of limitations.  It is confusing. The deadlines for filing an FTCA claim differ from those in most personal injury cases, and missing these deadlines can result in losing your right to seek compensation. Here are the key timelines to keep in mind:

• Administrative Claim Filing Deadline: You must file an administrative claim with the relevant federal agency within two years of the date of the injury or incident. This step is crucial because failure to file within this period will bar you from pursuing a lawsuit.
• Government Response Time: Once the administrative claim is filed, the federal agency has six months to respond. The agency can either accept the claim and offer a settlement or deny it outright.
• Filing a Lawsuit: If your administrative claim is denied or you are unsatisfied with the agency’s settlement offer, you have six months from the date of the denial to file a lawsuit in federal court.

FTCA Settlements and Verdicts

Below are summaries of recent verdicts and/or reported settlements in cases arising under the FTCA.

• N.R. v. United States (Arizona 2024) $780,000 Settlement: The plaintiffs were a family from Honduras who cross the U.S. border into Arizona and detained by US Customs and Border Protection. The children were subsequently separated from their parents.
  The federal government reportedly had established a family separation program, through which it targeted for criminal prosecution parents who crossed the border with children. The defendant allegedly intended the separations to inflict harm and cause a deterrent effect and knew the separations would cause trauma to families. The plaintiff parents said their children were taken away from them, were designated as unaccompanied minors, and were placed in the custody of a federal agency. The plaintiffs claimed the defendant had no mechanism in place to reunify separated families following the completion of the parent’s criminal sentence, and the defendant failed to track their parent-child relationships and failed to communicate with the plaintiff parents about their children’s whereabouts and safety.
• Butler v. United States (New York 2024) $750,000 Settlement: The plaintiff, a retired nurse, was receiving medical care at a federal clinic for her diabetes. The plaintiff said this substandard care exacerbated her diabetes, leading to an infection that required a below-the-knee amputation of her right leg. The plaintiff, in a medical malpractice lawsuit filed under the Federal Tort Claims Act (FTCA), asserted departure from accepted standards of care in failing to properly treat her during the two-year period, failing to properly investigate and treat her diabetes and hypertension, and failing to properly monitor her.
• Veteran v. United States (Virginia 2024) $2,500,000 Settlement: A veteran, struggling with PTSD and multiple prior suicide attempts, was taken to McGuire VA Medical Center by police after a car accident. Despite documenting suicidal ideations, three nurses noted his psychological distress, but a psychiatry resident discharged him without thorough evaluation. Hours later, the veteran committed suicide near the hospital. The lawsuit alleged that the VA’s failure to properly assess and admit him for care led to his death. The case was settled for $2.5 million, benefiting his wife and two children.
• Rossignol v. United States (Missouri 2023) $10,500,000 Settlement: A 42-year-old combat veteran reached a settlement with the federal government after alleging that improper treatment of his kidney disease led to total renal failure. Despite warnings against prescribing NSAIDs, VA hospitals in Missouri gave him Naproxen for three years, worsening his condition. The veteran was diagnosed with renal failure in 2019, requiring nearly two years of dialysis and a kidney transplant. The lawsuit, filed under the FTCA, settled for $10.5 million, the highest recorded FTCA settlement in Missouri.
• Mouton v. United States (Louisiana 2020) $169,756 Verdict: An FAA-owned sedan struck a man’s vehicle at an intersection causing soft-tissue neck injury, a concussion, and the aggravation of a pre-existing spinal injury. The man underwent steroid injections for treatment. He also claimed that he would need to undergo future surgery for the treatment of his aggravated spinal injury. The claim was brought under the FTCA. The FAA contested the man’s injuries, arguing that he only suffered mild symptoms and that his symptoms were related to a previous spinal injury.
• Godfrey v. United States (North Carolina 2020) $1,000,000 Settlement: A 28-year-old woman went to a federal clinic after with breathing problems, coughing, nausea, vomiting, and congestion. Hours after being discharged home, the woman’s husband found her unresponsive and she died shortly after. Her cause of death was a septic shock that was caused by a tension empyema. The woman’s husband made a wrongful death claim against the federal government. He alleged that the federal clinic staff’s failure to properly evaluate and diagnose the woman’s condition caused her death. This case settled for $1,000,000.
• Jackson v. United States (Missouri 2019) $5,700,000 Verdict: 56-year-old navy veteran sued the Department of Veterans Affairs under the FTCA. They claimed that the VA staff failed to timely diagnose his prostate cancer. The couple argued that had he been diagnosed earlier; he would have only needed to undergo a prostatectomy. Instead, the man required hormone ablation therapy and salvage radiation. He also claimed that he now suffered from erectile dysfunction, incontinence, and a shortened life expectancy. A federal judge awarded $5,700,000.
• Brown v. United States (Mississippi 2019) $3,111,135 Verdict: A veteran underwent a cholecystectomy at a VA hospital. During the procedure, the physician pierced the man’s diaphragm. Following the procedure, the man suffered liver abscesses, deep vein thrombosis to his lower extremities, a lung embolism, and intracranial bleeding.
• Carshall v. United States (Oklahoma 2019) $7,500,000 Settlement: This is a birth injury malpractice claim against a tribal hospital. Mother was induced via Pitocin and the fetal heart monitor showed abnormal results. However, the hospital staff failed to modify Pitocin doses accordingly. As a result, excessive uterine activity occurred, causing fetal distress that resulted in hypoxic-ischemic encephalopathy. About 60 hours later, the baby was born with metabolic acidosis. He ultimately developed spastic quadriplegia and cerebral palsy. This case settled for $7,500,000.
• Huntley v. United States (Michigan 2018) $500,000 Settlement. A man presented to a federally funded clinic, complaining of breathing difficulties, severe chest pain, sleeping problems, heartburn, and neck and back pressure. He underwent an X-ray and EKG. Both were interpreted as normal. He was diagnosed with acid reflux. Five days later, the man died from a heart attack. His family brought an FTCA claim alleging that a cardiology consultation would have led to a heart catheterization and prevented his death. This case settled for $500,000.
• Marrero v. United States (Hawaii 2016) $4,200,000 Settlement. While being sedated at a federal clinic. a 32-year-old man lost consciousness and died from anoxia. His wife sued under the FTCA. She claimed that the physician should not have sedated him without an anesthesiologist because he was overweight and suffered from a restricted airway. The federal government’s counsel admitted liability. This case settled for $4,200,000.

Contact Miller & Zois About Your FTCA Claim

If you have a potential personal injury against a federal government employee or entity, Miller & Zois can help get you maximum compensation and ensure that you comply with the notice and procedural requirements of the FTCA. Contact us today about your FTCA claim at 800-553-8082 or get a free consultation online.