Page:United States Reports 502 OCT. TERM 1991.pdf/462

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MOLZOF v. UNITED STATES Opinion of the Court

cal therapy, respiratory therapy, and weekly doctor’s visits— not provided by the veterans’ hospital. The District Court refused, however, to award damages for medical care that would duplicate the free medical services already being provided by the veterans’ hospital. Similarly, the court declined to award Mr. Molzof damages for loss of enjoyment of life. Mr. Molzof died after final judgment had been entered, and Mrs. Molzof was substituted as plaintiff in her capacity as personal representative of her late husband’s estate. The United States Court of Appeals for the Seventh Circuit affirmed the District Court’s judgment. 911 F. 2d 18 (1990). The Court of Appeals agreed with the District Court that, given the Government’s provision of free medical care to Mr. Molzof and Mrs. Molzof ’s apparent satisfaction with that care, any award for future medical expenses would be punitive in effect and was therefore barred by the FTCA prohibition on “punitive damages.” Id., at 21. With respect to the claim for Mr. Molzof ’s loss of enjoyment of life, the Court of Appeals stated that Wisconsin law was unclear on the question whether a comatose plaintiff could recover such damages. Ibid. The court decided, however, that “even if Wisconsin courts recognized the claim for loss of enjoyment of life, in this case it would be barred as punitive under the Federal Tort Claims Act,” ibid., because “an award of damages for loss of enjoyment of life can in no way recompense, reimburse or otherwise redress a comatose patient’s uncognizable loss. . . .” Id., at 22. We granted certiorari to consider the meaning of the term “punitive damages” as used in the FTCA. 499 U. S. 918 (1991). II Prior to 1946, the sovereign immunity of the United States prevented those injured by the negligent acts of federal employees from obtaining redress through lawsuits; compensation could be had only by passage of a private bill in Con-