LawyersUSA

A $20 million award of non-economic damages to the parents of a brain-damaged baby was excessive under the Federal Tort Claims Act, the 11th Circuit has ruled.

The plaintiffs were the parents of a child born "brain dead" as a U.S. Naval Hospital after medical staff delayed in performing an emergency caesarian section.

The child cannot speak or see, has no use of his limbs and is expected to die before reaching 21 years of age.

A trial judge awarded the parents $20 million in non-economic damages based upon "consideration of all relevant factors."

The defendants argued the award was unreasonable based on applicable Florida law.

The court agreed, overturning a verdict we previously reported (See "$61M malpractice verdict in birth injury case," Lawyers USA, Dec. 5, 2005. Search terms for Lawyers USA website: Bravo and brain).

"Florida law dictates that a verdict cannot stand if it: (1) 'is so extravagant that it shocks the judicial conscience,' (2) 'is manifestly unsupported by the evidence," or (3) 'indicates the jury was influenced by passion, prejudice or other matters outside the record,'" the court said.

Here, "the award to [the parents] of $20 million in non-economic damages is excessive. It does 'jar or shock the judicial conscience of an appellate court.' … [The award] is one of the largest non-economic damages awards ever given anywhere in the country to a single family in the six-decade long history of the [Act]."

Citing a recent decision finding that an $8 million award of non-economic damages to the parents of a child injured by malpractice was excessive, the court noted that "[u]nder Florida law an award of non-economic damages must 'bear a reasonable relation to the philosophy and general trend of prior decisions in such cases.'"

U.S. Court of Appeals, 11th Circuit. Bravo v. U.S., No. 06-13052. July 2, 2008. Lawyers USA No. 99310261. Click here for the full text of this opinion.