S. H. V. United States, No. 15-15000 (9th Cir. 2017)Annotate this Case
S.H., the daughter of William and Chantal Holt, was born prematurely while the family was stationed at a United States Air Force (USAF) base in Spain. As a result of her premature birth, S.H. was diagnosed with cerebral palsy after the family returned to the United States. The Holts filed suit against the United States, alleging that officials at a USAF base in California negligently approved the family's request for command sponsored travel to a base in Spain ill-equipped to deal with Mrs. Holt's medical needs. The Holts also argued that S.H.'s injury first occurred upon their return to the United States. The district court awarded damages to the Holts. The court applied the foreign country exception of the Federal Tort Claims Act (FTCA), 28 U.S.C. 2680(k), and held that an injury is suffered where the harm first impinges upon the body, even if it is later diagnosed elsewhere. Here, the undisputed facts of this case indicate that the force—the brain injury S.H. suffered at or near the time of her birth—impinged upon her body in Spain. Consequently, Spain is where the Holts' claims arose. The court concluded that S.H.'s cerebral palsy is derivative of the harm she sustained at birth. Accordingly, the court vacated and remanded with instructions to dismiss for lack of subject matter jurisdiction.