462 F.Supp.3d 231
E.D.N.Y2020Background:
- On October 25, 2017 Collins (pedestrian) was struck by a USPS tractor-trailer driven by Scholl; Collins alleges catastrophic injuries and claims $10,000,000 in damages.
- Collins submitted an SF-95 to the USPS National Tort Center on December 29, 2017 (sum certain $10M) and provided a HIPAA authorization plus a Huntington Hospital bill (~$65,015.76).
- USPS requested additional documentation (ambulance report, complete hospitalization records, post-10/30/17 treatment records, itemized bills); Collins provided hospital records for October 25–30, 2017 but not records for subsequent admissions (Nov–Dec 2017 and June 2018).
- Counsel amended the SF-95 description of injuries on June 19, 2018 and listed additional providers but did not produce the outstanding records requested by USPS.
- Collins filed suit in August 2018; USPS formally denied the administrative claim on September 12, 2018 for failure to submit competent evidence; Collins did not seek agency reconsideration. Defendants moved to dismiss for lack of subject-matter jurisdiction; the court granted dismissal.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Collins exhausted FTCA administrative remedies / satisfied §2675 presentment before filing | Collins: SF-95, October hospital records, HIPAA auth and hospital bill adequately presented claim; six-month lapse permitted suit | USPS: SF-95 and supplied docs were insufficient; plaintiff failed to provide requested records so agency could not evaluate claim | Court: Plaintiff failed to adequately present the claim; FTCA presentment not satisfied; court lacks subject-matter jurisdiction; dismissal granted |
| Whether the SF-95 alone was sufficient to constitute presentment | Collins: SF-95 described injuries and provided sum certain | USPS: SF-95 was too general and lacked medical substantiation needed to evaluate value and severity | Court: SF-95 alone was insufficient to present the claim |
| Whether subsequent submissions (HIPAA auth, summary hospital bill, Oct 2017 records) cured presentment deficiencies | Collins: HIPAA auth, $65k bill and October records provided the necessary information | USPS: Bill was not itemized, HIPAA auth for one provider insufficient, October records covered only initial hospitalization; plaintiff withheld records of later treatment | Court: Submissions were insufficient to substantiate ongoing treatment, prognosis, or large damages; did not cure presentment defects |
| Effect of amendment and six‑month rule on timeliness / prematurity | Collins: six months passed since filing, entitling him to sue | USPS: amendment and pending requests extended agency’s time; suit filed prematurely | Court: Amendment and lack of proper presentment meant the action was premature; plaintiff could not invoke the six‑month rule to cure defects |
Key Cases Cited
- McNeil v. United States, 508 U.S. 106 (FTCA administrative‑exhaustion requirement is jurisdictional)
- Romulus v. United States, 160 F.3d 131 (adequate presentment requires written notice describing injury and a sum certain sufficient for agency investigation and valuation)
- Celestine v. Mt. Vernon Neighborhood Health Ctr., 403 F.3d 76 (FTCA exhaustion is jurisdictional and cannot be waived)
- Makarova v. United States, 201 F.3d 110 (courts may consider evidence outside the pleadings on jurisdictional motions)
- Cooke v. United States, 918 F.3d 77 (waiver of sovereign immunity under FTCA is narrowly construed)
- Furman v. U.S. Postal Serv., 349 F. Supp. 2d 553 (SF‑95 insufficient where it lacked documentation enabling agency evaluation)