United States Second Circuit

In an injury and tort action, arising after surgery at a Veteran’s Administration facility left plaintiff quadriplegic, the district court’s $4.4 million damage award is vacated where: 1) federal law does not require a veteran injured from VA malpractice to be forced to continue under VA care for lack of financial resources and have a concomitant offset; and 2) the district court failed to provide an adequate analysis supporting the denial of plaintiff’s motion to increase the ad damnum and pain and suffering award.

Appellate Information

• Published 2016/03/04

Judges

• POOLER

Court

• United States Second Circuit

Counsel