[Claim for Damages Alleging Wrongful Death of Air Force Employee]
Highlights
The widow of a retired Air Force member claimed that malpractice by Government officials who treated the member while he was in the service, coupled with their abandonment of his treatment after his disability retirement, proximately caused his death. The claim was initially filed with the Army but was denied because no showing was made that Government actions caused the member's death. Subsequently, the claimant requested GAO to report the matter to Congress as a meritorious claim. GAO held that it considers claims against the United States except where settlement authority has been specifically delegated to some other agency. Under Federal claims legislation, the head of an agency is authorized to consider and settle any tort claim against that agency. Therefore, this claim was not within the settlement authority of GAO and submission to Congress as a meritorious claim would not be appropriate.