John Robert Penetrante, Etc. v. United States

The Government appeals an award of $900,000 under the Federal Tort Claims Act ( 28 U.S.C. § 1346 (b)). We affirm.

This medical malpractice suit was brought on February 26, 1971 for injuries suffered by infant twin boys, John and Renee Gregory Penetrante, at a U. S. Army hospital. The Government admitted negligence and a non-jury trial from June 29 to July 7, 1977 was held on the question of damages. On September 1, 1977, the Court awarded damages of $2,292,123 to John, who is totally blind and severely mentally retarded, and $900,000 to Renee Gregory, who lost the sight in his right eye and suffered impairment of the left eye, with resulting physical and psychological handicaps. The Government appeals the award to Renee Gregory as excessive.

ISSUES

1. Whether a motion for new trial must be filed with the District Court before an appeal challenging the damages as excessive will be allowed.

2. Whether the District Court’s award of $900,000 to Renee Gregory was excessive.

FACTS

John and Renee Gregory were born two months prematurely on December 26, 1968. Both were placed in incubators shortly after birth and oxygen was administered. Sometime later, both were discovered to have…