Legal Opinion

Starns v. United States

Court of Appeals for the Fourth Circuit

Decided January 9, 1991No. Nos. 89-2789 to 89-2791 and 89-2802 to 89-2804PublishedCited by 28 opinions

1Opinion of the Court

CHAPMAN, Circuit Judge:

Plaintiffs-appellants John and Beverly Starns and their minor child, Jeffrey, brought a medical malpractice action against the United States under the Federal Tort Claims Act (“FTCA”) for negligent care rendered to Jeffrey at the DeWitt Army Community Hospital following his birth. The United States did not contest liability, and- the district court awarded damages in the amount of $750,000 (the amount of the Virginia Medical Malpractice Act (“VMMA”) cap) to Jeffrey and $295,-780 to Mr. and Mrs. Starns. The critical issue on this appeal is whether the VMMA cap applies to…

2Cases cited6 opinions

  1. Association of Westinghouse Salaried Employees v. Westinghouse Electric Corp.Supreme Court of the United States · 1955
  2. Donna Reilly, Etc. v. United StatesCourt of Appeals for the First Circuit · 1988
  3. Richard Lucas v. United States of America, Richard Lucas, Cross-Appellees v. United States of America, Cross-AppellantCourt of Appeals for the Fifth Circuit · 1986
  4. Boyd v. BulalaCourt of Appeals for the Fourth Circuit · 1990
  5. Taylor v. United StatesCourt of Appeals for the Ninth Circuit · 1987

1 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Robinson v. Charleston Area Medical Center, Inc.West Virginia Supreme Court · 1991
  2. Davita Carter v. United StatesCourt of Appeals for the Seventh Circuit · 2003
  3. Martin Lozada, Sr., as Father and Next Friend, for and on Behalf of Martin Lozada, Jr., a Minor v. United StatesCourt of Appeals for the Eighth Circuit · 1992
  4. Kenneth Kerstetter Pamela Kerstetter Elizabeth Kerstetter, by and Through Her Next Friends and Parents, Kenneth and Pamela Kerstetter v. United StatesCourt of Appeals for the Fourth Circuit · 1995
  5. Parker v. United StatesDistrict Court, E.D. Virginia · 2007

23 more not listed; retrieve them via the Exa API.

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