Mccarthy v. United States

870 F.2d 1499 Terrence F. McCARTHY, as Guardian Ad Litem for Kyile Thompson, a minor; Nancy Wayman and Dion Thompson, individually, and John Doe, husband and wife, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant. No. 87-3917. United States Court of Appeals, Ninth Circuit. Argued June 10, 1988. Submitted Dec. 30, 1988. Decided March 28, 1989. Jeffrey Clair, Dept. of Justice, Washington, D.C., for defendant-appellant. Richard J. Kelley, Olympia, Wash., for plaintiffs-appellees. Appeal from the United States District Court for the Western District of Washington. Before WRIGHT, BRUNETTI and TROTT, Circuit Judges. TROTT, Circuit Judge: 1 We must determine the propriety of a damage award made pursuant to a claim under the Federal Tort Claims Act, 26 U.S.C. Sec. 2671 , et seq. We affirm in part, reverse in part, and remand. BACKGROUND 2 Kyile Thompson was born at the Madigan Army Medical Center in Tacoma, Washington on September 12, 1983. Because of substandard treatment received during delivery, Kyile suffers from severe mixed spastic athetoid quadriparesis, microcephaly, severe developmental delay and seizure disorder. His natural mother, Nancy Wayman, instituted…