I stumbled across a just brutal 9th Circuit opinion in S.H. v. United States earlier this year. This case reversed a $10 million verdict in a birth injury case, finding that the foreign country exception bars plaintiffs’ Federal Tort Claims Act (“FTCA”) malpractice claims against the military doctors who treated the mother and child.
A U.S. Air Force Master Sergeant is transferred to Spain. I don’t know if he wanted to go to Spain, but it does not really matter, right? He was ordered to go to Spain. Before leaving for Spain, they go to Andrews Air Force Base so the military can verify that the family is medically suitable to travel overseas. At Andrews, he and his wife learn they are pregnant with their third child. She had experienced two prior preterm deliveries and a miscarriage in the past.