United States Fourth Circuit

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Simms v. US, 15-2161

In a 'wrongful birth' action against the U.S. under the Federal Tort Claims Act (FTCA) after her prenatal care provider -- a federally-supported health center -- failed to timely inform her that her child would be born with severe congenital abnormalities, the District Court's judgment and award to plaintiff is: 1) affirmed in part where the District Court properly awarded plaintiff damages attributable to her child's past medical expenses, and correctly measured plaintiff's damages using the amount medical providers billed for her child's care, rather than the amount the West Virginia Medicaid program paid those providers; but 2) vacated in part where the court erred in failing to hold a post-verdict, prejudgment collateral source hearing.

Appellate Information

  • Decided
  • Published 2016/10/07

Judges

  • WYNN

Court

  • United States Fourth Circuit

Counsel

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