Quimbee logo
DMCA.com Protection Status
From our private database of 16,500+ case briefs...

Ingraham v. United States

United States Court of Appeals for the Fifth Circuit
808 F.2d 1075 (5th Cir. 1987)

Ingraham v. United States


In February 1979, Dwight Ingraham (plaintiff) received back surgery from an Air Force surgeon. During Ingraham’s surgery, the surgeon negligently operated a drill, causing serious and permanent injuries to Ingraham’s spine. He sued the United States (defendant) under the Federal Torts Claim Act, and he was awarded $1,264,000. In March 1979, during her 43rd week of pregnancy, Jocelyn Bonds required a cesarean section. Because the Air Force physician performing the cesarean section mismanaged the surgery, Bonds’ daughter, Stephanie, suffered asphyxiation in utero, resulting in severe brain damage. The court awarded Stephanie Bonds $3,490,555.60 in damages and Jocelyn Bonds $750,000 in damages. Both Igraham’s and Bonds’ procedures were performed subsequent to the enactment of the Medical Liability and Insurance Improvement Act of Texas (Malpractice Act), which set the cap on medical malpractice damages awards to $500,000; however, the Government did not raise the Malpractice Act as an affirmative defense, nor did it raise the existence of the Malpractice Act at all until after the damages had been awarded in both cases. The Government’s post-trial motions for reconsideration requesting the court to reduce the awards in light of the Malpractice Act were denied in both cases, and the Government appealed.

Rule of Law


Holding and Reasoning (Politz, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 409,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,500 briefs, keyed to 223 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial