Reynoso

ORDER

Plaintiff, a former inpatient at the Veteran’s Administration (VA) Hospital in San Francisco, brings suit under the Federal Tort Claims Act, 28 U.S.C. §§ 1346 (b), 2671 et seq., for damages allegedly caused by the failure of VA medical personnel to grant plaintiff’s request for admission for further psychiatric care. Such failure allegedly caused plaintiff’s suicide attempt on March 10, 1978. Defendant moves to dismiss or, in the alternative', for summary judgment on the ground that plaintiff’s failure to document his claim at the administrative stage, as requested by the VA, rendered the claim a nullity, thereby depriving the Court of jurisdiction.

Plaintiff filed an administrative claim with the VA on February 15, 1980, using the Standard Form 95. He stated damages in a sum certain — $3.5 million — for personal injuries consisting of “massive damage and destruction to claimant’s hands, severe burns over 30% of his body, numeroüs reconstructive surgeries, neurological damage, further psychiatric trauma” caused by grabbing a 12,000 volt cable in a suicide attempt. The claim stated that plaintiff had been hospitalized for “psychotic/schizophrenie” problems at the VA “some…