S.H. ex rel. Holt v. United States

AMENDED ORDER

The following is the court’s opinion and order after trial.

In this case the plaintiffs allege medical malpractice on the part of United States *1115 Air Force medical personnel. (Amended) Pretrial Conference Order (Final), Undisputed Facts (“Facts”) (ECF No. 82) ¶ 1. Jurisdiction is predicated upon the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 1346 .

Plaintiff SH is a minor child who suffers from cerebral palsy. Facts ¶¶ 33-35. Plaintiffs’ claim is that United States Air Force medical personnel committed malpractice during their treatment of plaintiff Chantal Holt — SH’s mother — at Edwards Air Force Base in California (U.S.A.).

Specifically, plaintiffs assert that even though Air Force medical personnel provided care for, or were aware of Chantal’s two premature deliveries, and one miscarriage, they (1) failed to warn Chantal about the added dangers she faced during her then-current pregnancy with SH, (2) failed to prepare her for those dangers, and (3) failed to caution her against traveling overseas to a facility that was not equipped to handle those dangers. Plaintiffs further assert that this malpractice was the proximate cause of SH’s premature birth…