United States Fifth Circuit

A ruling requiring the government to make an immediate lump-sum payment of future medical care damages to plaintiff in a Federal Tort Claims Act (FTCA) action is affirmed over a claim that the district court should create a reversionary trust into which the government could deposit the amount of the award and from which plaintiff's future medical care damages would be distributed on an as-incurred basis, with any balance remaining in the trust at plaintiff's death reverting to the government.

Appellate Information

• Decided 01/17/2008
• Published 01/18/2008

Judges

• WIENER, Circuit Judge:, Before JONES, Chief Judge, and WIENER and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Richard William Westling (argued), Law Offices of Richard W. Westling, New Orleans, LA, for Plaintiffs-Appellees., William George Cole (argued), U.S. Dept. of Justice, Civil Div., Washington, DC, for Defendant-Appellant.