Dickerson v. United States
Court of Appeals for the Fifth Circuit
1Opinion of the Court
DeMOSS, Circuit Judge:
Plaintiffs sued the United States under the Federal Tort Claims Act (“FTCA”) for damages to Ryan Dickerson incurred during his childbirth. The government acknowledged liability and the sole issue at trial was damages. The United States Government now appeals a judgment against it for damages of $44,717,681 on the grounds that the damages are limited by the plaintiffs’ prior administrative claims of $20 million. In the alternative, the government argues that the award should be reduced, in accordance with the “maximum recovery” rule, to $28.45 million. The government…
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