Shirley M. Molzof, Personal Representative of the Estate of Robert E. Molzof v. United States (502 U.S. 301)
U.S. Supreme Court · decided January 14, 1992 · Supreme Court Database (Spaeth)
- Citation
- 502 U.S. 301 · 112 S. Ct. 711
- Decided
- January 14, 1992
- Term
- October Term 1991
- Vote
- 9–0
- Majority author
- Justice Thomas
- Issue area
- Economic Activity
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
JUSTICE THOMAS delivered the opinion of the Court. This case requires us to determine the scope of the statutory prohibition on awards of "punitive damages" in cases brought against the United States under the Federal Tort Claims Act, 28 U. S. C. §~ 2671-2680. I Petitioner Shirley Moizof is the personal representative of the estate of Robert Molzof, her late husband. On October 31, 1986, Mr. Molzof, a veteran, underwent lung surgery at a Veterans' Administration hospital in Madison, Wisconsin. After surgery, he was placed on a ventilator. For some Un-, disclosed reason, the ventilator tube that was providing oxygen to him became disconnected. The ventilator's alarm system also was disconnected. As a result of this combination of events, Mr. Molzof was deprived of oxygen for approximately eight minutes before his predicament was discovered. Because of this unfortunate series of events, triggered by the hospital employees' conceded negligence, Mr. Moizof suffered irreversible brain damage, leaving him permanently comatose. Mr. Moizof's guardian ad litem filed suit in District Court under the Federal Tort Claims Act (FTCA or Act) seeking damages for supplemental medical care, future medical expenses, and loss of enjoyment of life. The Government admitted liability, and the case proceeded to a bench trial on the issue of damages. The District Court determined that the free…
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