Fumi Hata, Personal Representative of the Estate of Arnold S. Hata v. United States

Opinion by Judge SNEED

Appellant Fumi Hata (Hata) challenges the district court’s dismissal of her Military Claims Act (MCA) suit for lack of subject matter jurisdiction. We AFFIRM.

I.

FACTS AND PROCEEDINGS BELOW

Appellant’s late husband, Sgt. Arnold S. Hata, was stationed at Kadena Air Base in Okinawa, Japan. On April 22, 1990, Sgt. Hata went to the emergency room at Camp Lester Naval Hospital complaining of severe chest pain. The doctor in charge of the emergency room ordered pain relievers for Sgt. Hata and sent him on his way. However, his chest pains continued, and he awoke in the middle of the night with convulsions. Although emergency help was summoned, Sgt. Hata died before reaching the hospital. The autopsy report attributed his death to acute myocardial infarction caused by arther-iosclerotic coronary artery disease.

Fumi Hata and her three children filed an administrative claim with the Air Force under the Military Claims Act (MCA), 10 U.S.C. §§ 2731-2737 , alleging that medical malpractice by Navy doctors led to Sgt. Hata’s wrongful death. The Secretary of the Air Force ultimately barred the claim because Sgt. Hata’s death occurred incident to his military…