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P, a 29-year-old Army veteran, was found to have tuberculosis of both lungs in December 1958. Upon the recommendation of the Veterans' Administration (VA), P entered the Loch Raven Veterans' Administration Hospital. P was operated upon for the partial removal of his right lung, which procedure was successful and was followed by an uneventful recovery. A second operation was necessary on P's diseased left lung. The diseased portion of the left lung was excised. When the rib-spreader was removed, constant bleeding developed. A suture was placed circumferentially around the base of the fifth rib, but this failed to control the bleeding completely. Oozing was noted, and a Kittner, when placed posteriorly between the fourth and fifth ribs, stopped the bleeding. The bleeding began again, and Doctor Sharp placed oxycel gauze, three inches by three inches, under pressure in the same area where the Kittner had been placed, and this packing partially controlled the bleeding. He then placed a second pack of oxycel gauze on top of the first pack, and this controlled the bleeding adequately.The operation was completed, and the doctor placed a third pack of oxycel gauze of equal size with the other two packs between the fourth and fifth ribs and closed the chest. P received six units of blood during the operation. P was examined approximately one to two hours later, when he was found to be unable to move his legs, and paraplegia was discovered. A lumbar puncture was performed on the plaintiff, and this revealed the presence of blood-tinged spinal fluid. P was returned to the operating room for an exploratory thoracotomy to determine the cause. Doctor Kieffer reopened the incision and removed the oxycel gauze. Some of the gauze had been placed outside the foramen, and then, by application of pressure, some of it had gone in. On the question of causation, Doctor A. K. Olsen testified that a piece of this Oxycel gauze stuffed into his spinal canal through that intervertebral foramen in which these people were working to get this bleeding stopped, went into the spinal canal, contused the patient's spinal cord, and made him a paraplegic. Doctor Olsen gave his opinion that this occurrence was not consistent with proper and accepted standards of medical practice. Before the operation, P was never warned by any of the VA physicians concerned with his care or treatment of the risk or danger of paraplegia, which might result. P was classified by the VA as 100 percent disabled because of his tuberculosis. P has not worked since May 4, 1959. He is unable to sit for long periods of time and must take a nap after four or five hours. He experiences muscle spasms in his legs with swelling and burning sensations in his feet and legs. P has involuntary bowel movements and occasional urinary accidents due to blockage of his catheter. P is embarrassed by these accidents, and he has never applied for any type of work. Had P not been disabled, his salary as an aeronautical engineer would have ranged from a minimum of $10,000.00 in 1964 to a maximum of $18,000.00 during the 1980's, and would have regressed to $14,000.00 by 1995, when he attained the age of 65. P is receiving monthly disability payments from the VA in the sum of $725.00, of which $200.00 is allotted for special aid and care at home, which P would lose were he to enter a VA hospital. This means that he receives $525.00 unrelated to any medical expenses. P will receive the VA disability benefits for the remainder of his life. Assuming that P would work for 30 more years and giving proper consideration to the future disability payments which he will receive from the Government, and assuming further that P will be able to secure some gainful employment in the future, we find that his lost future earning capacity is $6,000.00 annually.This sum, reduced to present value at the rate of 3.5 percent, is $ 110,352.00. Assuming that P will live his projected life span of 40 years, his future medical expenses will be $5,000.00 annually, making a total sum of $200,000.00. P has suffered, is suffering, and will continue to suffer in the future grievous physical and mental distress. He has no hope for any future recovery, and he will never regain the use of his lower extremities. P has become depressed and has suffered the permanent loss of his sex powers. P's sleeping hours are interrupted daily, two or three times a night, so that he may change his position to prevent bed sores. He must swing his legs from one side of the bed to the other, taking care not to tangle the hose of his indwelling catheter. P has unexpected bowel movements. For some of them, he is suspended by his arms and washed down with a hose. P's legs are subject to uncontrollable spasms, which can only be corrected by an operation. He has undergone various collateral operations at the VA Hospital. P is entitled to a monetary award of $350,000.00 for past and future pain and suffering. D is entitled to a deduction of $ 52,455.00 from the amount of the verdict for disability payments.

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