Timothy Hutchinson v. United States

Timothy Hutchinson appeals the district court’s judgment in favor of the United States in his medical malpractice action brought under the Federal Tort Claims Act. The district court found that Hutchinson failed to carry his burden of showing that a reasonably informed person in his situation would have withheld consent to the use of Prednisone, the drug administered to Hutchinson to alleviate his asthma but which caused aseptic necrosis in his hips. We have jurisdiction over this case under 28 U.S.C. § 1291 (1988). We reverse and remand for the computation of damages.

BACKGROUND

On January 8, 1981, Hutchinson went to the emergency room at the United States Public Health Service hospital in San Francisco complaining of flu-like symptoms. Hutchinson was a chronic asthmatic, and the emergency room doctor determined that Hutchinson was suffering an asthma attack. The doctor admitted Hutchinson to the hospital and treated him with moderately conservative therapies consisting of epinephrine, aminophylline, and bronkosol.

On January 9, 1981, the doctor altered his treatment by decreasing the level of the above drugs and administering high doses of Prednisone, an anti-inflammatory…