Melba Pike, as and Personal Representative of the Estate of Donald Roy Zebarth, Deceased v. United States

This is an appeal from a judgment against the government in a suit brought under the Federal Tort Claims Act. 28 U.S.C. §§ 2671 — 2680. The government does not appeal from the finding of liability, but does contend that the damages assessed were improper. We affirm in part and reverse in part.

In 1964, Donald ZeBarth was rendered a paraplegic due to improper medical care in a private hospital. ZeBarth was never able to work after his injury. Because he was in the Coast Guard when the injury occurred, he received Veterans Administration benefits thereafter, including free medical care.

In November 1972, ZeBarth checked into a V.A. hospital complaining of severe pain and was released shortly thereafter. He died at his home two days after the release. Melba Pike, executrix of ZeBarth’s estate and personal representative for ZeBarth’s two minor children, brought an action under the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680 , alleging wrongful death due to medical malpractice. The trial court found that death was caused by an infection and that the V.A. hospital had been negligent in failing to diagnose and treat it properly.

The trial court awarded the following damages:

I.…