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Home / Opinions / 8th U.S. Circuit Court of Appeals / 8th - Published Civil Opinions / Torts – Medical Negligence; Federal Tort Claims Act; Future Medical Damages
14-1205 Askew v. U.S. 8th Circuit, appealed from the Eastern District of Missouri, Colloton, J.

Torts – Medical Negligence; Federal Tort Claims Act; Future Medical Damages

 

Where plaintiff and his wife sued the government under the Federal Tort Claims Act after he suffered brain injury and a leg amputation due to negligent medical care at a veterans’ hospital and a dispute arose over the structuring of the payment of future medical damages, the district court could not strictly apply a periodic payment scheme to the federal government because sovereign immunity prevents the imposition of ongoing obligations like continuing payments, and on remand the court should determine what portion to pay as a lump sum and what should be placed in a reversionary trust for periodic payment. Vacated; remanded.

 

14-1205 Askew v. U.S. 8th Circuit,  appealed from the Eastern District of Missouri, Colloton, J.


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