against the Department of Health, Education and Welfare or the Department of Health and Human Services. The plaintiffs never responded to the motion to dismiss, but filed an amended pleading which is silent on the issue of exhaustion and which omits any mention of the Federal Tort Claims Act. Plaintiffs’ cause of action against the United States for negligence, for strict liability in tort and for breach of statutory and regulatory duties must be dismissed. The Federal Tort Claims Act contains the only waiver of sovereign immunity applicable to plaintiffs’ tort claim but plaintiffs have not presented their claim to the Department of Health and Human Services as is required by the Federal Tort Claims Act, 28 U.S.C. Sec. 2675. See Melo v. United States, 505 F.2d 1026 (8th Cir. 1974) (<HOLDING>). Plaintiffs’ cause of action against the
holding that venue for litigation was proper based on 28 usc  1441 regardless of whether defendant was doing business in the district within the meaning of 28 usc  1391 holding dismissal is proper for noncompliance with 28 usc sec 2675 holding sum certain requirement of 28 cfr 142a applies to 28 usc  2675 holding that under the fsia personal jurisdiction   depends upon the district court finding subject matter jurisdiction under 28 usc  1330a and proper service under 28 usc  1608 holding that where jurisdiction was based on 28 usc  2201 venue was determined as per 28 usc  1391