Lee, Sr., et al. v. United States, No. 13-50905 (5th Cir. 2014)Annotate this Case
The government appealed the district court's award of damages in a medical malpractice suit under the Federal Tort Claims Act (FTCA), 28 U.S.C. 2671 et seq., contending that the district court should have applied the Texas periodic payment statutory scheme, Texas Civil Practice & Remedies Code 74.501-507. The court agreed, vacating the district court's judgment insofar as it failed to fashion a damages award similar to that contemplated by the Texas periodic payment statutory scheme and awarded post-judgment interest not in compliance with 31 U.S.C. 1304(b)(1)(A). The court remanded for further proceedings.