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TAYLOR v. U.S.

No. 86-2025.

821 F.2d 1428 (1987)

Ida J. TAYLOR, Iris Taylor, Tracy Taylor, by and through her Guardian ad Litem, Ida J. Taylor, Plaintiffs-Appellees, v. UNITED STATES of America (Department of the Army Letterman Army Medical Center), Defendant-Appellant, California Medical Association and California Association of Hospitals and Health Systems, Amici Curiae.

United States Court of Appeals, Ninth Circuit.

Decided July 16, 1987.

Attorney(s) appearing for the Case

Irene M. Solet, Washington, D.C., for defendant-appellant.

Walter H. Walker, III, San Francisco, Cal., for plaintiffs-appellees.

Frederic D. Cohen and S. Thomas Todd, Encino, Cal., for amici curiae.

Before GOODWIN, BEEZER and THOMPSON, Circuit Judges.

BEEZER, Circuit Judge:

The United States appeals from judgment awarding Ida Taylor $500,000 in damages for loss of consortium and emotional distress. Taylor's husband sustained permanent brain damage while receiving medical treatment at Letterman Army Hospital. California Civil Code § 3333.2, as incorporated by the Federal Tort Claims Act, limits recovery for noneconomic injuries in actions based on professional negligence to $250,000. Because the underlying...

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