Bruce Gordon Brenda J. Gordon-Brantley v. United States

967 F.2d 586 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Bruce GORDON; Brenda J. Gordon-Brantley, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant. No. 91-36121. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 2, 1992. Decided June 25, 1992. As Amended on Denial of Rehearing Oct. 5, 1992. Before EUGENE A. WRIGHT, CANBY and WIGGINS, Circuit Judges. 1 MEMORANDUM * 2 The United States appeals all but $95,000.00 of the district court's award of $8,259,023.00 plus costs to appellees, Bruce Gordon, Jr. [Gordon], his mother, Brenda Brantley, and his father, Bruce Gordon, Sr., under the Federal Tort Claims Act [FTCA]. 28 U.S.C. § 1346 (b), 2671-2680. The district court granted the award for medical malpractice by a doctor at Sheppard Air Force Base, Wichita Falls, Texas, who delivered Bruce Gordon, Jr. on June 25, 1984. 3 This court has jurisdiction pursuant to 28 U.S.C. section 1291 . We reverse on the ground that the claim…