According to the U.S. Court of Appeals for the Seventh Circuit in Chicago, the judge’s bench trial decision was affirmed. In this case, Phillip Madden brought a claim under the Federal Tort Claims Act (FTCA) against the United States from an ultimately fatal medical incident in which he suffered while in the care, custody and control of the Jessie Brown Veterans Administration (V.A.) Medical Hospital. After this bench trial, the district court found in favor of the United States. Madden appealed.
Madden suffered from numerous medical conditions, including but not limited to: morbid obesity, respiratory acidosis, congestive heart failure, chronic obstructive pulmonary disease, obstructive sleep apnea, obesity hypoventilation syndrome, hypertension and hyperlipidemia. He was admitted to the V.A. Hospital several times leading up to his last admission on Dec. 28, 2007.
In this case, the issue was whether the parties’ experts provided sufficient credible evidence. The record contained sufficient evidence in support of the district court’s finding that the United States’ medical expert was credible and that Madden’s medical expert was not credible in this wrongful death claim. He died after he went into cardiac arrest.