United States Fourth Circuit

In a medical malpractice suit brought under the Federal Tort Claims Act, the district court erred by applying Virginia law and deciding not to place damages for future medical expenses into a reversionary trust. On remand, the court must apply California law, that being the state in which Plaintiffs were domiciled at the time of the underlying incidents, and determine whether the creation of a reversionary trust would impose liability on the government in the same manner and to the same extent as a private individual.

Appellate Information

• Argued 10/28/2008
• Decided 01/05/2009
• Published 01/05/2009

Judges

• Before MOTZ, GREGORY, and DUNCAN, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  William George Cole, United States Department of Justice, Washington, D.C., for Appellant.  Stuart Alan Raphael, Hunton & Williams, L.L.P., McLean, Virginia, for Appellees.   ON BRIEF:  Jeffrey S. Bucholtz, Acting Assistant Attorney General, Chuck Rosenberg, United States Attorney, William Kanter, United States Department of Justice, Washington, D.C., for Appellant.  Bruce J. Klores, Thomas W. Mitchell, Bruce J. Klores & Associates, P.C., Washington, D.C.;  Thomas J. Cawley, Hunton & Williams, L.L.P., McLean, Virginia;  George P. Sibley, III, Hunton & Williams, L.L.P., Richmond, Virginia, for Appellees.