Damages Comparative Negligence.

AuthorHawkins, Derek
PositionKevin Clanton v. United States of America

Byline: Derek Hawkins

7th Circuit Court of Appeals

Case Name: Kevin Clanton v. United States of America

Case No.: 20-2059

Officials: RIPPLE, KANNE, and ROVNER, Circuit Judges.

Focus: Damages Comparative Negligence

This case is on appeal for the second time, from an action brought in the district court by Kevin Clanton under the Federal Tort Claims Act. Clanton alleged that nurse practitioner Denise Jordan, an employee of the U.S. Public Health Service, failed to educate him about his severe hypertension or to monitor its advancement, and as a result of that negligent care his hypertension developed into Stage V kidney disease. As a result, Clanton required dialysis and, at the age of 35, a kidney transplant, and is expected to endure further cycles of dialysis and another transplant in the future. Following a five-day bench trial, the district court found the United States liable, rejected the government's comparative negligence argument as to Clanton, and awarded Clanton nearly $30 million in damages.

The United States appealed to this court, arguing...

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