Molzof v. United States

In 1986, American veteran Robert Molzof (plaintiff) underwent lung surgery at a veterans’ hospital (the VA) in Wisconsin. After the surgery, Molzof was placed on a ventilator. Due to a hospital employee’s negligence, Molzof’s ventilator tube became disconnected, and Molzof suffered irreversible brain damage, leaving him permanently comatose. The VA would provide free lifetime medical care to Molzof, and his wife was satisfied with the VA’s services. Through a representative, Molzof sued the United States (defendant) under the Federal Tort Claims Act (FTCA) seeking damages for supplemental medical care, future medical expenses, and loss of enjoyment of life. The government admitted its liability for negligence. The district court ordered continued care of Molzof by the VA, granted damages to cover supplemental care not provided by the VA, denied damages for future medical care that would duplicate what was already being provided by the VA, and declined to award loss-of-enjoyment damages. The court of appeal affirmed based on its conclusion that Molzof was receiving reasonable medical care from the VA at the federal government’s expense and could not recover an extraneous amount for future medical expenses, which would have a punitive effect on the government. The FTCA bars recovery for “punitive damages.” Molzof died while the case was on appeal, and his wife substituted in as the plaintiff.