REILLY V. UNITED STATES
863 F.2d 149 (1988)
NATURE OF THE CASE: United States (D) appealed a finding that D was liable in medical
malpractice under the Federal Tort Claims Act (FTCA), 28 U.S.C.S. 1346(b), 2671 et seq.,
and entered a judgment for damages.
FACTS: See Facts Below in Reilly v. United States 665 F. Supp. 976 (1987). D moved for a
new trial and the motion was denied by the district court in an opinion concerned
exclusively with the court's engagement of a technical advisor. D argues in part that the
calculation of Heather's prospective lost earnings was defective because it assumed Heather
would have been active in the work force for 48 years. In effect, appellant tells us that
the trial court erred in rejecting certain Bureau of Labor Statistics (BLS) work/life tables
relied upon by the defense expert. These tables showed that a person of Heather's age, sex,
and assumed education level would, on average, work for only 28 years. Rather
singlemindedly, the government expostulates that because it offered evidence (the tables) to
support a reduction on this order of magnitude, and no evidence of inaccuracy was presented,
the district court was powerless to reject the figures and abjure the diminution.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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