## Facts

- In 1998, a bus owned and operated by the United States collided with a car driven by Enrique Calva-Cerqueira, who was 18 at the time.
- The collision caused catastrophic, permanent injuries, including severe motor impairment in all limbs, wheelchair dependence, decreased sensation, and substantial cognitive deficits affecting memory and executive functioning.
- Before the accident, Calva-Cerqueira had a history of substance abuse and depression but was improving, working part-time with promotions, planning for college, and participating successfully in athletics.
- After the accident, he required continuous assistance with daily living and ongoing medical treatment, therapy, equipment, and supervision expected to last for life.
- In May 2001, the court found the United States liable; the later bench trial addressed compensatory damages only.

## Issues

1. What compensatory damages were proved for past and future medical expenses, lost earning capacity, and pain and suffering under the FTCA.
2. Whether 28 U.S.C. § 2675(b) limited any judgment to the amount stated in the administrative claim.
3. Whether future-care funds should be placed in a reversionary medical trust with any remainder reverting to the United States.
4. Whether guardian ad litem fees and related litigation expenses should be allowed in connection with protecting the injured plaintiff’s interests.

## Decision

- The court awarded substantial compensatory damages based on proven catastrophic, permanent physical and cognitive injuries and the need for lifelong care.
- Although the court’s damages calculations exceeded $20 million, it limited the judgment to $20,000,000 because the administrative claim demanded that amount and no statutory basis justified exceeding it.
- The court declined to require a reversionary medical trust for future medical costs, entering a lump-sum judgment instead.
- The court approved reasonable guardian ad litem fees and related expenses as necessary to safeguard the plaintiff given his incapacity.

## Legal Principles

- Under the FTCA, a plaintiff may recover compensatory damages for proven past and future medical costs, loss of earning capacity, and non-economic harm in the manner of conventional tort damages.
- 28 U.S.C. § 2675(b) generally caps an FTCA judgment at the amount presented in the administrative claim unless an exception applies (such as newly discovered evidence or intervening facts not reasonably discoverable when the claim was filed).
- A court is not required by the FTCA to place future medical-damages awards into a reversionary trust; the appropriateness of such a structure depends on the circumstances and the injured party’s interests.
- In cases involving significant cognitive impairment, appointment of a guardian ad litem and allowance of reasonable related fees may be appropriate to protect the injured party and the recovery.

## Conclusion

After a bench trial on damages, the court entered a $20,000,000 FTCA judgment for catastrophic, permanent injuries requiring lifelong care, held the award could not exceed the administrative-claim demand under § 2675(b), rejected the government’s request for a reversionary medical trust, and approved guardian ad litem fees to protect the incapacitated plaintiff.


Calva-Cerqueira v. United States, 281 F. Supp. 2d 279 (D.D.C. 2003)