Karen Scott and David Scott, Husband and Wife and H. Frank Stubbs, as Guardian Ad Litem for Johnathan Scott v. United States

This is a medical malpractice action brought by Karen and David Scott on behalf of themselves and their son Johnathan for injury sustained to Johnathan Scott during his birth at a military hospital. The action is based on the Federal Tort Claims Act (FTCA). 28 U.S.C. § 1346 (b). A bench trial was held to determine liability and damages to be awarded.

I

BACKGROUND

Johnathan Scott is a severely deformed individual. He was born at the Elmendorf Air Force Base Hospital in Anchorage, Alaska to his mother, Karen Scott, on February 27, 1982. The district court found that the military medical personnel were negligent in their treatment of Johnathan prior to and during delivery, and that because of their negligent treatment he suffers from spastic quadriplegia, a form of cerebral palsy.

The district court also found that because of the spastic quadriplegia Johnathan has abnormal speech and eye movements. He will not walk and will be wheelchair bound, is social and aware of his environment, will not have sufficient intelligible speech to rely on that method of communication and will need computer assisted non-vocal communication. He will never fully feed himself and will not be able to…