Scott J. Hoffman, an Incompetent Person, by Harriet Hoffman, the Conservator of His Person and Estate v. United States

The United States has appealed from a judgment of the district court holding unconstitutional section 3333.2 of the California Civil Code, which limits recovery for noneconomic losses in medical malpractice suits to $250,000. We reverse.

I. Facts and Proceedings Below

The appellee, Scott J. Hoffman, on May 12, 1981, went to the Veterans Administration Hospital, Wadsworth, Los Angeles, California, for treatment of a lacerated tendon in his right middle finger. As a result of the negligent administration of a general anesthetic during the finger surgery, Hoffman suffered an anoxic brain injury. Hoffman is confined permanently to a bed and a wheelchair. He experiences recurrent and painful body spasms and his ability to communicate verbally is impaired.

Hoffman, through Harriet Hoffman, the conservator of his person and estate, brought this action against the United States under the Federal Tort Claims Act. 28 U.S.C. §§ 1346 (b), 2671 et seq. The United States admitted liability. In a non-jury trial on the issue of damages the court entered a total judgment against the United States of $4,179,100 — $3,179,100 for economic damages and $1,000,000 for noneconomic damages.

Under the…