Where an eight-day bench trial on damages has been conducted, $253,844.15 should be awarded for past medical damages, along with $1,065,000 for non-economic damages and $830.75 for out-of-pocket expenses.
“This Federal Tort Claim Act/medical malpractice case arises from the injuries sustained by minor Plaintiff E.K. during his birth at a federally funded community health clinic. The Court found, on summary judgment, that a doctor at the clinic was negligent in her prenatal care of E.K.’s mother. … As a result, E.K. suffered a hypoxic injury that caused spastic quadriplegia, hearing and visual impairments, and cognitive deficits. …
“In January 2026, the Court conducted an eight-day bench trial on damages. That trial, and the litigation preceding it, presented many difficult questions. But what has never been in doubt throughout the lengthy proceedings is the remarkable love, care, and support provided by E.K.’s devoted parents. Because of their incredible efforts, E.K. will live far longer than his delivering-doctors estimated. But far less than he should, given the Defendant’s negligence. Sadly, the Court’s primary task now is to determine E.K.’s life expectancy and the cost of his extensive medical care during that time frame.
“To resolve these issues, the Court heard testimony and received documentary evidence from E.K.’s family members, treating providers, and health care, life expectancy, and economic experts. It has carefully considered and weighed that evidence, as well as the parties’ extensive findings of fact and conclusions of law. …
“In sum, the Court concludes that E.K.’s life expectancy should be determined by placing him in the most appropriate position on Table III of the Brooks 2014 study (above). This means starting him at age 4, and not 15; recognizing that he is mainly tube-fed and fed some by others; and crediting the evaluating physicians that he will roll considering his improvements over time. …
“In sum, the Court adopts Huckfeldt’s life care plan with home maker and facility maintenance services excised, and care manager services reduced. The life care plan and its total cost is to be reduced to reflect the Court’s determined life expectancy of 36 years.
“An amended life care plan reflecting these changes shall be submitted within 30 days of entry of this order.
“The government shall then have 30 days from service of that supplemental filing to provide an updated calculation of the plan’s present value, applying Gilbert’s methodology and interest rates.
“Finally, Plaintiffs shall have 14 days from service of that supplemental report to review it for accuracy and identify any errors. Should Plaintiffs find any such errors, they shall notify the Court and the Court will conduct a telephonic status conference with the parties to resolve any outstanding issues. …
“From these findings of fact, the Court further finds that, based on the relevant law, Plaintiffs proved by a preponderance of the evidence the damages to which E.K. is entitled as a result of the Defendant’s negligence. …
“… The Court’s findings of fact set forth E.K.’s reasonable economic damages.
“The Court also finds that the government failed to establish that Plaintiffs are not entitled to recover E.K.’s past medical damages. …
“In terms of noneconomic damages, medical malpractice actions in Michigan impose a statutory cap. Mich. Comp. Laws §600.1483(1). The statute defines ‘noneconomic loss’ as ‘damages or loss due to pain, suffering, inconvenience, physical impairment, or physical disfigurement, loss of society and companionship, . . . loss of consortium, or other noneconomic loss.’ … During closing, the government acknowledged that it is not disputing the non-economic damage cap should be awarded. …”