Dixon v. United States, No. 17-13780 (11th Cir. 2018)Annotate this Case
The United States was held liable upon the district court's finding that a doctor at a federal health facility caused plaintiffs' son E.R.T. to suffer severe and life-altering injuries at the time of his birth. On appeal, the government challenged the application of section 768.78(2) of the Florida Statutes to the method of payment the district court chose for the government to satisfy the judgment against it. Plaintiffs cross-appealed the district court's application of section 768.78(2)'s bond requirement.
The Eleventh Circuit held that the district court did not err in allowing the United States to pay the full damages award into a trust for E.R.T. to be dispensed periodically without requiring the United States to make a security payment for the full amount of damages; the district court did not err in concluding that the United States was not entitled to a reversionary interest in any future economic damages remaining in the trust after E.R.T.'s death; the district court erred in not awarding the government an interest in (1) the difference between the full value of the balance remaining in the trust in the case of E.R.T.'s premature death and its present value, and (2) the amount of interest that the trust earns solely because the United States paid the entire future-economic-damages award into the trust up front in a lump sum, not reduced to present value; the district court erred in setting the United States's deadline for paying the judgment within thirty days of the entry of this decision on appeal; and the district court did not abuse its discretion when it ordered the United States to make a future-lost-earnings payment when E.R.T. turns 17 and 1/2 years old. Accordingly, the court affirmed in part, reversed in part, and remanded in part.