Beverly Haceesa, Individually, and First Financial Trust Company, as Conservator for Shenoel Haceesa, a Minor v. United States

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that the United States in an FTCA action was entitled to a recovery cap under the New Mexico medical malpractice statute
• stating that each claimant must individually satisfy the Federal Tort Claims Act’s jurisdictional requirements
• a case where a plaintiff who only filled out their own administrative form could not use that same form as notice for the decedent estate’s claims
• “Damages may be awarded [under the Wrongful Death Act] for . . . the decedent’s conscious pain and suffering and medical and related care between the date of injury and death.”
• “Under the FTCA, the United States is liable for its tortious conduct in the same manner and to the same extent as a private individual under like circumstances in that jurisdiction would be liable.”
• in New Mexico loss of consortium claim associated with wrongful death claim, “the spouse of the decedent must bring a separate cause of action in his or her individual capacity to recover such damages,” and cannot bring those claims as personal representative

Source: CourtListener parenthetical corpus (CC0).