11th Cir.

Non-Argument Calendar GLENN SCOTT COHEN v. DEPARTMENT OF VETERAN AFFAIRS

June 8, 2026 ·9:24-cv-80706-RLR ·Per Curiam · By James Taylor

The Eleventh Circuit affirmed the dismissal of Glenn Cohen's medical malpractice claim against the Department of Veteran Affairs. The court found that Cohen failed to challenge one of the district court's grounds for dismissal, leading to the affirmation.

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Background

Glenn Cohen filed a medical malpractice claim against the Department of Veteran Affairs, alleging misdiagnosis of venous insufficiency. The district court dismissed his claim for lack of subject matter jurisdiction and failure to state a claim.

The court’s reasoning

The Eleventh Circuit affirmed the district court’s dismissal because Cohen failed to challenge the sovereign immunity ground for dismissal. Additionally, the court found that the statute of limitations had expired.

What it means going forward

The decision upholds the dismissal of Cohen’s claim, preventing him from pursuing the medical malpractice case against the VA.