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UNITED STATES v. SEARLE

Misc. No. 13, September Term, 1990.

322 Md. 1 (1991)

584 A.2d 1263

UNITED STATES OF AMERICA v. ROBERT A. SEARLE ET AL.

Court of Appeals of Maryland.

January 29, 1991.

Attorney(s) appearing for the Case

Marc Richman (Stuart M. Gerson, Asst. Atty. Gen., Breckinridge L. Wilcox, U.S. Atty., Robert S. Greenspan, all on brief), Washington, D.C., for appellant.

David M. Funk, Bryan D. Bolton, Shapiro and Olander, Baltimore, Stephen P. Carney, Hunt Valley, amicus curiae, for Medical Mut. Liability Ins. Soc. of Maryland.

James P. Davenport (Eric L. Lewis, Lori E. Fox, Nussbaum & Wald, all on brief), Washington, D.C., for appellees.

Paul D. Bekman, Scott R. Scherr, Israelson, Salsbury Clements & Bekman, Baltimore, John J. Sellinger, Rockville, Gary I. Strausberg, Janet & Strausberg, Baltimore, amicus curiae, for Maryland Trial Lawyers Ass'n.

Russ M. Herman, New Orleans, amicus curiae, for Ass'n of Trial Lawyers of America.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, McAULIFFE and CHASANOW, JJ.

CHASANOW, Judge.

On March 20, 1985, Virginia Dale Searle died as the result of negligent treatment she received at Bethesda Naval Hospital. Her husband and six children (the Searles) filed a wrongful death action against the United States (the Government) in the United States District Court for the District of Maryland pursuant to the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680 (1988). Prior to trial, the Government stipulated that its physicians at...

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