Marie Yako, as Guardian and Natural Mother of Daniel Yako, a Minor and Marie Yako v. United States
Opinion
Opinion
Leavy, J.
OVERVIEW
The appellee, Marie Yako (Mrs. Yako), brought this action for medical malpractice under the Federal Tort Claims Act (the FTCA), 28 U.S.C. § 1346 (b) and §§ 2671- 2680 (1982 & Supp. V 1987). She claimed Dr. Donn G. Kruse (Dr. Kruse), a physician at a United States Public Health Service hospital in Bethel, Alaska, failed to diagnose meningitis in her two and one-half year old son, Daniel Yako (Daniel), which resulted in severe brain damage, partial blindness and deafness, and permanent mental retardation.
The court found Dr. Kruse breached the applicable standard of care in failing to diagnose meningitis, thereby causing a delay in treatment that exacerbated Daniel’s injuries. The court awarded total damages of $5,188,379 to Daniel and his mother. The United States appeals.
We affirm the district court’s decisions on both liability and damages.
FACTS
On Saturday, March 3, 1984, Daniel suddenly became ill. He vomited a number of times and had a temperature of 101 degrees. When he did not improve by the following day, Mrs. Yako took him to the outpatient clinic at Bethel Hospital shortly after noon on Sunday, March 4,1984. Daniel had become too weak to sit or stand…