Justia U.S. 4th Circuit Court of Appeals Opinion Summaries

After the negligence of government doctors in California caused significant and irreversible brain damage to J.C., his parents brought a Federal Tort Claims Act (FTCA), 28 U.S.C. 2674, suit against the United States. This case returned to the court after remand to the district court. On remand, the district court held that it could not provide the government with a reversionary interest in the future care award that "would comply with" both the FTCA and California law. The United States appealed. Because granting the government a reversionary interest in J.C.'s future care award eliminated the potential for a windfall without in any way rendering the award less sufficient compensation for J.C., the court found such a remedy approximated Cal. Civ. Proc. Code 667.7 in a manner that was consistent with the FTCA. Accordingly, the court remanded the case with instructions for the district court to fashion such a remedy. The court affirmed in all other respects. View "Cibula, et al. v. United States" on Justia Law

Plaintiff sued defendant alleging that its negligent care following the Caesarean section delivery of her baby injured her. On appeal, defendant argued that the district court abused its discretion by allowing an obstetrician-gynecologist (OB/GYN) to testify as an expert regarding the standard of care for a nurse's postpartum monitoring of a high-risk patient with preeclampsia. Because neither the statute nor Virginia case law precluded the expert testimony at issue, the court found no abuse of discretion and affirmed the judgment. View "Creekmore v. Maryview Hospital" on Justia Law