Aaron Schwarder Donna Eubanks Kathleen Schwarder v. United States

WILLIAM A. NORRIS, Circuit Judge:

The United States appeals a judgment for $330,000 in compensatory damages to Aaron Schwarder, Donna Eubanks, and Kathleen Schwarder, (referred to collectively as “the Schwarder children”) for the wrongful death of their father, Harry N. Schwarder. The Government contends that the Schwarder children’s action was barred by the Federal Tort Claims Act, 28 U.S.C. § 2672, because Harry Schwarder and his wife previously entered into an administrative settlement with the Government in which they received $285,000 and agreed to relinquish any future claims arising out…