Malmberg v. United States

Summary

In this FTCA medical malpractice action, the Second Circuit reversed the district court's denial of the plaintiff's motion to increase the ad damnum clause from $6 million to $25 million, holding that the plaintiff's significant physical deterioration (complete inability to stand or ambulate) constituted "newly discovered evidence" under 28 U.S.C. § 2675(b) because it was not reasonably foreseeable at the time of the administrative claim. The court also vacated the pain and suffering award for insufficient explanation and remanded for consideration of comparable cases under New York law, and directed the district court to offset the award by disability benefits received under 38 U.S.C. § 1151.

Holdings

1. The district court clearly erred because Malmberg's significant deterioration and present inability to stand or ambulate constitutes newly discovered evidence not reasonably discoverable at the time of the administrative claim, satisfying the first exception under 28 U.S.C. § 2675(b).
2. The district court failed to comply because its decision declining to address the award due to the ad damnum limitation did not provide the required explanation.
3. The district court failed to correctly offset; the government's position is undisputed and the award must be offset by the amount of § 1151 benefits received through the date of any amended judgment.

Questions Presented

1. Whether the district court clearly erred in denying Malmberg's motion to increase the ad damnum from $6 million to $25 million under the FTCA's newly discovered evidence exception.
2. Whether the district court complied with the remand instructions from Malmberg I to adequately explain its award for past and future pain and suffering.
3. Whether the district court correctly offset the damages award by the amount of disability payments received under 38 U.S.C. § 1151.

Disposition

reversed_and_remanded