Robert Davis v. United States

BAUER, Circuit Judge.

On August 17, 2001, Robert Davis filed an action under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346(b), 2671 et seq., against the United States following a transurethral resection of his prostate performed at the Veterans Administration Hospital. He sought $1,000,000 in damages. After a bench trial, the court found the United States liable for medical malpractice and requested that the parties submit supplemental memoranda on damages.

On November 7, 2002, the district court awarded Davis damages in the total amount of $279,875 computed as follows: a) $225,000…