U.S. Court of Appeals for the Eleventh Circuit, 2009

Tracey T. Turner v. United States

Tracey T. Turner v. United States
U.S. Court of Appeals for the Eleventh Circuit · Decided February 18, 2009 · Birch, Hull, Fay
312 F. App'x 300

Tracey T. Turner v. United States

Opinion

PER CURIAM:

This is an appeal by the Defendant United States of a judgment for $4,364,327 awarded in favor of the minor Plaintiff Tracey Turner after a bench trial. Turner and his parents filed a medical malpractice negligence action against the government under the Federal Tort Claims Act based on medical treatment Turner received at a Navy hospital. The facts in this case are set out in Turner ex rel. Turner v. United States, 514 F.3d 1194 (11th Cir. 2008). After remand, the district court again found in Tracey’s favor. The government again appeals and argues that the district court erred in finding that the medical care provided to Tracey violated the “reckless disregard” standard of care.

After careful review of the record, the briefs and having heard oral argument, we find no reversible error. Accordingly, we AFFIRM the judgment of the district court.

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