Saturday, November 26, 2005

Bench trial = $60 million

After a bench trial, Judge Gonzalez awarded $60.9 million to a couple whose son suffered severe brain damage when he was born in a Jacksonville Navy hospital two years ago. It is the largest verdict ever under the Federal Tort Claims Act. (I wonder if it is the largest bench trial verdict.)

A couple of interesting points -- first, the case was originally assigned to Judge Graham who had to transfer the case because of Wilma. Second, the law has changed since the filing of the suit so that damages are now capped at $1 million. More coverage here and here. Plaintiffs lawyers were Ervin Gonzalez and Deborah Gander.

1 comment:

Anonymous said...

I think it would have to be the largest bench trial award because there is no right to a jury trial under the FTCA.