Simms Ex Rel. C.J. v. United States

Affirmed in part, vacated in part, and remanded by published opinion. Judge WYNN wrote the opinion, in which Judge HARRIS and Judge BIGGS joined.

WYNN, Circuit Judge:

Plaintiff Misty Simms brought this “wrongful birth” action against the United States 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. Following a bench trial, the district court found in favor of Simms and awarded her over $12 million in economic and noneconomic damages.

The…