John P. Gabbard v. United States

892 F.2d 82 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John P. GABBARD, et al., Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant No. 88-3677. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 6, 1989. Decided Dec. 12, 1989. Before GOODWIN, Chief Judge, and EUGENE A. WRIGHT and WILLIAM A. NORRIS, Circuit Judges. 1 MEMORANDUM * 2 The government appeals from a $2,135,253 judgment for the plaintiffs in a medical malpractice action under the Federal Tort Claims Act (FTCA). The government contends that the claim was time-barred under the applicable statute of limitations and that excessive damages were awarded. We affirm. 3 Patrick Gabbard was born on April 25, 1978, at Madigan Hospital in Tacoma, Washington. His father, John Gabbard, served in the U.S. Army at that time and was stationed at Fort Lewis. His mother, Debra Gabbard, first visited Madigan Army Medical Center in February, 1978. She was designated as a high-risk…