United States Ninth Circuit

A judgment awarding damages in a Federal Tort Claims Act (FTCA) action brought by minor plaintiff for injuries he sustained during birth delivery is reversed where the district court erred when it refused the government's request to enter a judgment that provided for the periodic payment of plaintiff's future economic damages, pursuant to applicable Washington law.

Appellate Information

• Argued 07/28/2006
• Decided 03/05/2007
• Published 03/05/2007

Judges

• WARDLAW, Circuit Judge:, Before: WALLACE, WARDLAW, and FISHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• John McKay, United States Attorney for the Western District of Washington, Seattle, WA;  Darwin P. Roberts, Assistant United States Attorney for the Western District of Washington, Seattle, WA, for the defendant-appellant., James L. Holman, Law Offices of James L. Holman, Tacoma, WA;  J. William Ashbaugh, Stafford Frey Cooper, Seattle, WA, for the plaintiff-appellee Jose Dutra., John C. Galbraith, Law Office of John C. Galbraith, Tacoma, WA, for the plaintiff-appellee Misty M. Dutra.