Feds Can't Recoup From $33M Award If Child Dies: 11th Circ.

Law360 (August 17, 2018, 10:01 PM EDT) -- The Eleventh Circuit on Friday largely affirmed a trial judge’s post-verdict decisions in a suit accusing a federally funded health clinic doctor of causing a newborn’s brain damage, saying the federal government can’t recover portions of a $33 million verdict if the child dies earlier than expected.

In a published opinion, a three-judge Eleventh Circuit panel unanimously affirmed the trial judge’s decision rejecting the federal government’s bid to implement a reversionary trust that would allow it to recoup potentially millions of dollars earmarked for the future medical costs and lost earnings of a boy who suffered brain damage during a botched...

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