PENETRANTE v. UNITED STATES

No. 77-3820.

604 F.2d 1248 (1979)

John Robert PENETRANTE, etc., et al., Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

September 24, 1979.


Attorney(s) appearing for the Case

Frederic Cohen, Washington, D.C., argued, for defendant-appellant.

Lyn I. Goldberg, San Diego, Cal., for plaintiff-appellee.

Before TRASK and GOODWIN, Circuit Judges, and EAST, District Judge.


EAST, District Judge:

The Government appeals an award of $900,000 under the Federal Tort Claims Act (28 U.S.C. § 1346(b)). We affirm.

This medical malpractice suit was brought on February 26, 1971 for injuries suffered by infant twin boys, John and Renee Gregory Penetrante, at a U.S. Army hospital. The Government admitted negligence and a non-jury trial from June 29 to July 7, 1977 was held on the question of damages. On September 1, 1977, the Court awarded...

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