Rebel Ann Mays and Everett F. Mays v. United States

TACHA, Circuit Judge.

This case presents another opportunity to consider the application of the collateral source rule in Colorado. In Berg v. United States, 806 F.2d 978 (10th Cir.1986), a suit against the United States under the Federal Tort Claims Act (FTCA) decided this day, we held that Medicare hospital insurance benefits are a collateral source. In the present case we consider whether benefits received form the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) are a collateral source to a FTCA award.

Rebel Ann Mays, the wife of a retired member of the United States…