1The Honorable Susan Webber Wright, Chief Judge, United States District

Court for the Eastern District of Arkansas.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

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No. 98-2903

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Irene C. Walker, *

*

Appellant, *

* Appeal from the United States

v. * District Court for the

* Eastern District of Arkansas.

United States of America, *

*

Appellee. *

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 Submitted: April 19, 1999

 Filed: May 3, 1999

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Before WOLLMAN, HANSEN, and MURPHY, Circuit Judges.

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PER CURIAM.

Irene C. Walker appeals from the district court1

 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
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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 (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
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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).

Accordingly, we affirm the judgment of the district court.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.