damage. Government conceded liability. After bench trial solely on issue of damages, the United States District Court for the Western District of Wisconsin, John C. Shabaz, J., entered damage award. Patient's wife/personal representative of the patient's estate, who had been substituted for guardian ad litem when patient died, appealed portion of award denying certain damages. The Court of Appeals for the Seventh Circuit, 911 F.2d 18,affirmed. Certiorari was granted. The Supreme Court, Justice Thomas held that: (1) FTCA barred recovery only of what were legally considered “punitive damages” under traditional common-law principles, i.e., those whose recoverability depended on proof that defendant had engaged in intentional or egregious misconduct and whose purpose was to punish; (2) FTCA did not bar recovery by patient's wife of damages for her husband's future medical expenses and his loss of enjoyment of life; and (3) remand was warranted for lower courts to resolve in the first instance the issue of whether damages sought were recoverable as compensatory damages under law of Wisconsin, the state in which injuries occurred.
Reversed and remanded.
damage. Government conceded liability. After bench trial solely on issue of damages, the United States District Court for the Western District of Wisconsin, John C. Shabaz, J., entered damage award. Patient's wife/personal representative of the patient's estate, who had been substituted for guardian ad litem when patient died, appealed portion of award denying certain damages. The Court of Appeals for the Seventh Circuit, 911 F.2d 18,affirmed. Certiorari was granted. The Supreme Court, Justice Thomas held that: (1) FTCA barred recovery only of what were legally considered “punitive damages” under traditional common-law principles, i.e., those whose recoverability depended on proof that defendant had engaged in intentional or egregious misconduct and whose purpose was to punish; (2) FTCA did not bar recovery by patient's wife of damages for her husband's future medical expenses and his loss of enjoyment of life; and (3) remand was warranted for lower courts to resolve in the first instance the issue of whether damages sought were recoverable as compensatory damages under law of Wisconsin, the state in which injuries occurred.Reversed and remanded.
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