Dutra

MEMORANDUM *

The United States appeals the district court’s judgment awarding damages in this Federal Tort Claims Act (FTCA) action brought by Jose Dutra, by and through his guardian, Commencement Bay Guardianship Services, and Misty Dutra, individually and as mother of Jose (“Appellees”), for injuries sustained during Jose’s delivery. The United States contends that the district court erred when it refused the government’s request to enter a judgment that provides for the periodic payment of Jose’s future economic damages, pursuant to Wash. Rev.Code § 4.56.260. We have jurisdiction under 28 U.S.C. § 1291 , and we reverse and remand.

The district court erred in failing to apply § 4.56.260 after the United States requested it to do so. Here, the FTCA requires the district court to apply Washington law. See 28 U.S.C. § 2674 ; see also id. § 1346(b). Under Washington law, in certain personal injury actions for future economic damages, “the court or arbitrator shall, at the request of a party, enter a judgment which provides for the periodic payment ... of the future economic damages.” Wash. Rev.Code § 4.56.260(1) (emphasis added); Cornejo v. State, 57 Wash.App. 314 , 788 P.2d 554,…