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HOFFMAN v. UNITED STATES

No. 84-5572.

767 F.2d 1431 (1985)

Scott J. HOFFMAN, an incompetent person, by Harriet Hoffman, the Conservator of his person and estate, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submitted July 26, 1985.

Decided August 9, 1985.

Attorney(s) appearing for the Case

Arthur E. Schwimmer, Los Angeles, Cal., for plaintiff-appellee.

Stephen E. O'Neil, Asst. U.S. Atty., Los Angeles, Cal., S. Thomas Todd, Encino, Cal., for defendant-appellant.

Before BOOCHEVER and HALL, Circuit Judges, and JAMESON, District Judge.

JAMESON, District Judge:

The United States has appealed from a judgment of the district court holding unconstitutional section 3333.2 of the California Civil Code, which limits recovery for noneconomic losses in medical malpractice suits to $250,000. We reverse.

I. Facts and Proceedings Below

The appellee, Scott J. Hoffman, on May 12, 1981, went to the Veterans Administration Hospital, Wadsworth, Los Angeles, California, for treatment of a...

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