Trevino v. United States

804 F.2d 1512 (1986)

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Trevino v. United States

United States Court of Appeals for the Ninth Circuit
804 F.2d 1512 (1986)

Facts

Rachael Trevino (plaintiff) gave birth to Sophia Trevino (plaintiff) at an army hospital run by the United States (defendant). As a result of the hospital’s negligent treatment during labor, Sophia was born with severe and permanent disabilities. Rachael and Sophia sued the United States for medical malpractice under the Federal Tort Claims Act. Rachael and Sophia were awarded over $6.3 million in total damages that included pecuniary damages to Sophia in the form of lost future wages. The court calculated Sophia’s pecuniary damages award (i.e., the present value of Sophia’s economic loss) using a negative discount rate based on historical increases in wages and medical costs, believing that the calculation accurately predicted future inflation. The United States motioned for a new trial or for an amended judgment. The court denied the motion. The United States appealed.

Rule of Law

Issue

Holding and Reasoning (Sneed, J.)

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Casebooks

Economics and Law

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