A federal court has dismissed a lawsuit filed by Pramod Rastogi and his son Keshav Rastogi against several defendants, including the U.S. Department of Health and Human Services (HHS), following the death of Sunita Rastogi in December 2025. The court ruled that the plaintiffs failed to establish proper jurisdiction and service of process, which are essential for the case to proceed. This ruling affects the Rastogi family as they sought damages related to the alleged negligence surrounding Sunita's death during a routine medical procedure.

The lawsuit, filed under Civil Action No. 2026-2191, stems from the death of Sunita Rastogi at Mission Hospital in Asheville, North Carolina. The Rastogis claimed that medical staff failed to monitor her oxygen levels during an echocardiogram, leading to her untimely death. They sought $1 million in damages for emotional suffering and loss of companionship. However, the court found that the claims against HHS and the North Carolina Department of Health and Human Services (NCHHS) were improperly filed, leading to the dismissal.

Pramod and Keshav Rastogi filed the lawsuit in June 2026, alleging “Gross Negligence and Dereliction of Duty” against HHS, NCHHS, HCA Healthcare Inc., and Mission Hospital. They sought not only financial compensation but also a detailed investigation into the circumstances of Sunita's death. The court acknowledged the family's grief but emphasized that it lacked the authority to grant the relief sought.

The court's decision was based on several legal grounds. HHS and NCHHS moved to dismiss the case, arguing that the plaintiffs could not compel the agency to investigate or prosecute, and that the claims were unexhausted under the Federal Tort Claims Act (FTCA). The court agreed, stating, "the Court lacks jurisdiction over any tort claims for monetary relief" and that the plaintiffs did not show they had exhausted their administrative remedies before filing the lawsuit.

Additionally, the court noted that Sunita Rastogi could not be a proper plaintiff in the case since deceased individuals cannot initiate lawsuits. Judge Sparkle L. Sooknanan ruled that the claims against HHS and NCHHS were dismissed for lack of jurisdiction and failure to state a claim. The court also dismissed the claims against HCA Healthcare Inc. and Mission Hospital due to the plaintiffs' failure to serve those defendants properly.

In its ruling, the court stated, "the Court has no authority to grant relief in this case," emphasizing the legal limitations surrounding jurisdiction and service of process. The dismissal of the case highlights the importance of adhering to legal protocols when filing lawsuits, particularly for pro se litigants like the Rastogis, who represented themselves without legal counsel.

The impact of this ruling is significant for the Rastogi family, as they sought justice and compensation for their loss. The dismissal means that they will not be able to pursue their claims in federal court unless they address the jurisdictional and procedural issues identified by the court. This ruling may set a precedent for similar cases where procedural missteps can lead to the dismissal of claims, underscoring the necessity for proper legal representation and understanding of court procedures.

Looking ahead, the Rastogi family faces challenges if they wish to appeal the decision or pursue their claims in a different manner. The court's ruling provides a clear pathway for what needs to be addressed if they choose to refile their claims. However, the dismissal also serves as a reminder of the complexities involved in legal proceedings, especially for individuals navigating the system without professional legal assistance.

As of now, there is no indication that the Rastogi family intends to appeal the ruling. The court has dismissed their claims, and it remains to be seen if they will pursue other legal avenues or seek to address the issues raised by the court in hopes of reinitiating their case.