The FTCA, Veterans, and Future Medical Expenses

In this comment the author aims to expose the jurisprudential flaws in a particular area of the law and advocate, as his prescription a refocused jurisprudence. Part II describes how courts have historically come to the conclusion that veterans suing under the FTCA should be awarded future medical expenses despite their entitlement to VA medical care. Part III address a threshold issue: the extent to which courts using this framework have overcompensated veterans. Part IV addresses why overcompensating veterans under the FTCA matters on a policy level.

Part V exposes the problems with the court's jurisprudence and provides a solution that breathes meaning into the FTCA's text, a text that courts largely have abandoned as a collection of catchword phrases.