Lisa D. Desart, a Minor, by and Through Her Guardian Ad Litem, Katherine Desart v. United States

Good Law
947 F.2d 871·1991 WL 216496
United States Court of Appeals for the Ninth CircuitOctober 29, 199191-15064California884 words

Opinion

Opinion

Leavy, J.

ORDER

The memorandum disposition filed October 8, 1991, is redesignated as an authored opinion by Judge Leavy.

OPINION

This is a comeback case, filed under the Federal Tort Claims Act (“FTCA”), in which the government appeals from the district court’s order regarding the payment of interest on a revised damage award of $5.6 million in favor of the appel-lee, Lisa Desart. We affirm in part, reverse in part and remand.

FACTS AND PRIOR PROCEEDINGS

Lisa Desart suffered profound nerve, muscle, and brain damage as the result of negligent treatment she received for meningitis contracted shortly after her birth in a government medical facility. Lisa, acting by and through her mother as guardian ad litem, timely filed a FTCA claim against the government and, when her claim was denied, brought the instant action in federal district court. Following a trial on the merits, the district court entered judgment in favor of Lisa on April 29, 1988, awarding her some $3.4 million in damages “plus interest from the date of entry of judgment until paid.” On May 5, 1988, Lisa served a certified copy of the judgment on the GAO’s Comptroller General.

The government appealed, arguing that the…

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