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Civil Procedure Keyed to Babcock
Ingraham v. United States
Citation:
808 F.2d 1075 (5th Cir. 1987)Facts
Plaintiff Ingraham receives spinal damage from an Air Force surgeon, brings suit and is awarded damages in the amount of $1,264,000. Plaintiff Jocelyn Bonds was the patient of a botched cesarean section that caused her daughter, Plaintiff Stephanie, to have brain damage. Plaintiffs Jocelyn and Stephanie are also awarded damages in the amount of $750,000 and $3,490,555.60 respectively. The causes of action of both Plaintiffs arose after the enactment of the Medical Liability and Insurance Improvement Act of Texas (Malpractice Act) which capped medical malpractice damages at $500,000. The Government however did not try to raise this affirmative defense until after the damages were awarded in both cases.
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