Irene C. Walker v. United States, 176 F.3d 437 (8th Cir. 1999). · Go Syfert
Irene C. Walker v. United States, 176 F.3d 437 (8th Cir. 1999). Cases Citing This Book View Copy Cite
19 citation events (19 in the last 25 years) across 2 distinct courts.
Strongest positive: Rodriguez Izaguirre v. U.S. Department of Health and Human Services (ned, 2025-02-27)
Top citers, strongest first. 11 distinct citers. How cited ↗
discussed Cited as authority (rule) Rodriguez Izaguirre v. U.S. Department of Health and Human Services
D. Neb. · 2025 · confidence medium
“A plaintiff’s compliance with the two-year limitations period is a jurisdictional prerequisite, since the FTCA acts as a waiver of the federal government’s sovereign immunity.” McCoy v. United States, 264 F.3d 792, 794 (8th Cir. 2001) (citing Walker v. United States, 176 F.3d 437, 438 (8th Cir. 1999)).
discussed Cited as authority (rule) Patricio Flores v. United States
8th Cir. · 2012 · confidence medium
“A federal district court does not have jurisdiction over an FTCA claim unless it was ‘first ... presented to the appropriate federal agency ... within two years of when the claim accrued.’ ” Allen, 590 F.3d at 544 (quoting Walker v. United States, 176 F.3d 437, 438 (8th Cir.1999) (per curiam)); see 28 U.S.C. § 2401 (b) (“A tort claim against the United States shall be forever barred unless it is presented in writing to the appropriate Federal agency within two years after such claim accrues.... ”).
discussed Cited as authority (rule) Yolanda H. Allen v. United States
8th Cir. · 2009 · confidence medium
A federal district court does not have jurisdiction over an FTCA claim unless it was "first . . . presented to the appropriate federal agency . . . within two years of when the claim accrued." Walker v. United States, 176 F.3d 437, 438 (8th Cir. 1999).
discussed Cited as authority (rule) Allen v. United States
8th Cir. · 2009 · confidence medium
A federal district court does not have jurisdiction over an FTCA claim unless it was “first ... presented to the appropriate federal agency ... within two years of when the claim accrued.” Walker v. United States, 176 F.3d 437, 438 (8th Cir.1999).
cited Cited as authority (rule) T.L., by and Through Her Mother and Next Friend, Katherine Ingram v. United States of America, Oliver Ward, Dr. Tenet Healthsystem Di, Inc.
8th Cir. · 2006 · confidence medium
McCoy v. United States, 264 F.3d 792, 794 (8th Cir.2001) (citing Walker v. United States, 176 F.3d 437, 438 (8th Cir.1999) (per curiam)).
cited Cited as authority (rule) T.L. v. United States
8th Cir. · 2006 · confidence medium
McCoy v. United States, 264 F.3d 792, 794 (8th Cir. 2001) (citing Walker v. United States, 176 F.3d 437, 438 (8th Cir. 1999) (per curiam)).
discussed Cited as authority (rule) James O. Vaughns v. USA
8th Cir. · 2001 · confidence medium
See 28 U.S.C. § 2675 (a) (1994) (providing that an “action shall not be instituted ... against the United States for money damages ... unless the claimant shall have first presented the claim to the áppropriate Federal agency...”); 28 U.S.C. § 2401 (b) (1994) (providing that tort claim against the United States shall be “forever barred” unless presented to the appropriate federal agency within two years after the claim “accrues”); Walker v. United States, 176 F.3d 437, 438 (8th Cir.1999) (stating that timely filing of administrative claim is a jurisdictional prerequisite in FTCA…
cited Cited "see" Rosalyn Motley v. United States
8th Cir. · 2002 · signal: see · confidence high
See McCoy v. United States, 264 F.3d 792, 794 (8th Cir. 2001), cert. denied, 122 S. Ct. 1909 (2002), citing Walker v. United States, 176 F.3d 437, 438 (8th Cir. 1999).
cited Cited "see" Rosalyn Motley v. United States
8th Cir. · 2002 · signal: see · confidence high
See McCoy v. United States, 264 F.3d 792, 794 (8th Cir.2001), cert. denied, - U.S. -, 122 S.Ct. 1909 , 152 L.Ed.2d 820 (2002), citing Walker v. United States, 176 F.3d 437, 438 (8th Cir.1999).
discussed Cited "see" Steven McCoy v. United States (2×)
8th Cir. · 2001 · signal: see · confidence high
See Walker v. United States, 176 F.3d 437, 438 (8th Cir. 1999).
examined Cited "see" Steven McCoy v. United States of America (5×)
8th Cir. · 2001 · signal: see · confidence high
See Walker v. United States, 176 F.3d 437, 438 (8th Cir.1999).
Retrieving the full opinion text from the archive…
Irene C. WALKER, Appellant,
v.
UNITED STATES of America, Appellee
98-2903.
Court of Appeals for the Eighth Circuit.
May 3, 1999.
176 F.3d 437
1999 U.S. App. LEXIS 8396
1999 WL 259623
Bert N. Darrow, Cabot, AR, argued (Roland E. Darrow II, on the brief), for Appellant., Richard M. Pence, Jr., Little Rock, AR, argued (Paula J. Casey, U.S. Attorney, on the brief), for Appellee.
Wollman, Hansen, Murphy.
Cited by 12 opinions  |  Published
PER CURIAM.

Irene C. Walker appeals from the district court [1] judgment against her in her Federal Tort Claims Act (FTCA) suit. For reversal, Walker argues the district court erred in finding she failed to timely file an administrative claim. We affirm.

On June 30, 1993, doctors at the Brooke Army Medical Center (Brooke) installed a prosthesis to Walker’s left knee. On September 7, 1993, while doctors at Brooke were manipulating Walker’s left leg, it broke. On March 13, 1996, Walker presented to the United States an administrative claim on Standard Form 95. Where the form requested the basis of Walker’s claim, she described both the June 1993 knee operation and the September 1993 leg fracture. Elsewhere on the form, Walker gave September 7, 1993, as the date of the accident and the onset of her pain. Attached to the administrative claim were sixteen pages of medical records from her hospital stays relating to the knee operation and leg fracture.

On March 4, 1997, Walker brought this FTCA action against the United States, claiming its agents and employees at Brooke had committed medical malpractice while treating her left knee. Walker claimed the agents and employees committed malpractice by improperly sizing and installing the prosthesis; breaking her leg; and failing to diagnose, treat, and take “proper medical and surgical action” to correct the former errors. The district court determined it lacked subject matter jurisdiction to hear the claim after finding that the only claim presented in Walker’s administrative claim concerned the September 1993 leg fracture; that the administrative claim was presented more than two years after Walker should have become aware of the leg fracture; and that Walker’s FTCA suit therefore was barred by the FTCA’s limitations provision.

For a district court to have jurisdiction over a claim in an FTCA suit, the claim must first have been presented to the appropriate federal agency, see 28 U.S.C. § 2675(a), within two years of when the claim accrued, see 28 U.S.C. § 2401(b); Bellecourt v. United States, 994 F.2d 427, 430 (8th Cir.1993), cert. denied, 510 U.S. 1109, 114 S.Ct. 1049, 127 L.Ed.2d 371 (1994); Osborn v. United States, 918 F.2d 724, 728, 731 (8th Cir.1990).

Which claims Walker presented in her administrative claim was a disputed factual question, and is reviewed for clear error. See Bellecourt, 994 F.2d at 430. The district court’s determination that the September 1993 leg fracture was the only claim presented is not clearly erroneous as the administrative claim listed September 7, 1993, as the date of the accident and the onset of pain. Because the administrative claim was not presented within two years of when Walker should have known of the fact of injury and its cause, the district court correctly determined that the claim was not timely. See K.E.S. v. United States, 38 F.3d 1027, 1029, 1030 n. 2 (8th Cir.1994).

[*439] Accordingly, we affirm the judgment of the district court.

1

. The Honorable Susan Webber Wright, Chief Judge, United States District Court for the Eastern District of Arkansas.