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J.S. Searcy v. United States

2018 WL 3733646 (2018)

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J.S. Searcy v. United States

United States District Court for the Western District of Missouri
2018 WL 3733646 (2018)

Facts

Jamie Searcy (plaintiff), a pregnant woman who had previously given birth by caesarean section, wanted to give birth vaginally. Her doctor recommended against a vaginal birth but agreed to allow Jamie to attempt it. During labor and delivery, Jamie’s uterus ruptured, depriving her baby, JS (plaintiff), of oxygen and causing JS to suffer oxygen deprivation and cerebral palsy. Jamie and her husband, Nathan Searcy (plaintiff), asserted individual claims for past and future medical expenses arising from JS’s birth injury. JS, through Jamie as her next friend, also asserted a claim for personal injury arising from her birth injury. The hospital at which Jamie gave birth and the doctor who delivered JS were affiliated with the United States Public Health Service. Because of this affiliation, federal law required the Searcys to sue the United States (defendant) rather than the hospital or the doctor. The United States raised the defense of comparative negligence and apportionment. Specifically, the United States alleged that the Searcys’ damages award should be reduced because Jamie bore a portion of the fault for JS’s birth injury due to her insistence on a risky vaginal birth after caesarean section. The Searcys moved to strike the comparative-negligence-and-apportionment defense.

Rule of Law

Issue

Holding and Reasoning (Laughrey, J.)

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