10th Circ. Orders Recalculation Of IHS Brain Injury Award

Law360 (July 29, 2020, 9:04 PM EDT) -- The Tenth Circuit on Wednesday partially vacated an Oklahoma federal judge's $15.9 million award to the family of a baby boy who sustained a catastrophic brain injury during a botched delivery at an Indian Health Service hospital.

Following an appeal from the federal government and cross-appeal from parents Alexis and Taylor Stokes, the three-judge panel remanded the medical malpractice case with instructions to recalculate the value of the baby's future-care award, and restructure the trust.

IHS had argued that the trust should release funds to the Stokes family in set increments over seven years — rather than permit the family to draw on...

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