House panel votes to overturn Feres doctrine
By William H. McMichael - Staff writer
Posted : Wednesday Oct 7, 2009 17:42:11 EDT
A bill that would overturn a 59-year-old Supreme Court decision that bars service members from suing the government for peacetime medical malpractice narrowly passed a House Judiciary Committee vote Wednesday and now will be considered by the entire House.
The Carmelo Rodriguez Military Medical Accountability Act, sponsored by Rep. Maurice Hinchey, D-N.Y., and Sen. Charles Schumer, D-N.Y., is named for a Marine Corps sergeant who died in 2007 at age 29 from melanoma. The condition was correctly diagnosed 10 years earlier, but the doctor failed to tell Rodriguez or refer him for treatment. Years later, another military doctor said the growth was a birthmark.
The Rodriguez family could find no relief in the courts. A 1950 Supreme Court decision that became known as the Feres doctrine prohobits active-duty members from holding the government accountable for medical negligence.
read more here
http://www.armytimes.com/news/2009/10/military_feres_overturn_100709w/
Showing posts with label Sgt. Carmelo Rodriguez. Show all posts
Showing posts with label Sgt. Carmelo Rodriguez. Show all posts
Wednesday, October 7, 2009
Wednesday, May 20, 2009
Bill to repeal Feres clears first hurdle
Bill to repeal Feres clears first hurdle
By William H. McMichael - Staff writer
Posted : Tuesday May 19, 2009 15:05:37 EDT
An effort to overturn a 59-year-old Supreme Court decision barring service members from suing the government for negligence inched forward Tuesday when a House subcommittee approved the Carmelo Rodriguez Military Medical Accountability Act.
The bill is named for a Marine Corps platoon leader and Iraq war veteran who was not told by military doctors that he had been diagnosed with melanoma, was not referred for treatment and, years later, was told the growth was a birthmark. Rodriguez, of Ellenville, N.Y., died from skin cancer in November 2007 at age 29.
Rodriguez and his family were barred from suing the government for medical malpractice by a 1950 ruling that became known as the Feres doctrine, which prohibits those on active duty from suing the government for negligence resulting in personal injuries.
If the bill approved by the House Judiciary Committee’s commercial and administrative law subcommittee is eventually enacted, service members could gain that right.
go here for more
Bill to repeal Feres clears first hurdle
By William H. McMichael - Staff writer
Posted : Tuesday May 19, 2009 15:05:37 EDT
An effort to overturn a 59-year-old Supreme Court decision barring service members from suing the government for negligence inched forward Tuesday when a House subcommittee approved the Carmelo Rodriguez Military Medical Accountability Act.
The bill is named for a Marine Corps platoon leader and Iraq war veteran who was not told by military doctors that he had been diagnosed with melanoma, was not referred for treatment and, years later, was told the growth was a birthmark. Rodriguez, of Ellenville, N.Y., died from skin cancer in November 2007 at age 29.
Rodriguez and his family were barred from suing the government for medical malpractice by a 1950 ruling that became known as the Feres doctrine, which prohibits those on active duty from suing the government for negligence resulting in personal injuries.
If the bill approved by the House Judiciary Committee’s commercial and administrative law subcommittee is eventually enacted, service members could gain that right.
go here for more
Bill to repeal Feres clears first hurdle
Thursday, March 26, 2009
The Death of Marine Carmelo Rodriguez could change law
Sister of deceased marine implores Congress to reverse military medical malpractice ban
Rodriguez: "I speak for the countless ..."
WASHINGTON – Marine Sgt. Carmelo Rodriguez of Ellenville died in 2007 at the age of 29 from a melanoma on his buttocks that was misdiagnosed by military doctors while he served in Iraq.
Congressman Maurice Hinchey has introduced legislation that would reverse a current 50 year old federal law that prohibits lawsuits and he testified about it before the House Judiciary Subcommittee on Commercial and Administrative Law.
go here for more
http://www.midhudsonnews.com/News/2009/March09/25/mil_malprac-25Mar09.html
For his story go here
Rodriguez: "I speak for the countless ..."
WASHINGTON – Marine Sgt. Carmelo Rodriguez of Ellenville died in 2007 at the age of 29 from a melanoma on his buttocks that was misdiagnosed by military doctors while he served in Iraq.
Congressman Maurice Hinchey has introduced legislation that would reverse a current 50 year old federal law that prohibits lawsuits and he testified about it before the House Judiciary Subcommittee on Commercial and Administrative Law.
go here for more
http://www.midhudsonnews.com/News/2009/March09/25/mil_malprac-25Mar09.html
For his story go here
Wednesday, May 21, 2008
Soon, The Name "Carmelo Rodriguez" Will Be Heard In Congress
Case Sheds Light On Military LawSoon, The Name "Carmelo Rodriguez" Will Be Heard In Congress
Soon, The Name "Carmelo Rodriguez" Will Be Heard In Congress
Case Sheds Light On Military LawSoon, The Name "Carmelo Rodriguez" Will Be Heard In Congress
Thursday, June 19, 2008
Legislator pushing bill to overturn Feres Doctrine
Law prevents troops’ malpractice lawsuitsLegislator pushing bill to overturn Feres DoctrineBy Leo Shane III, Stars and Stripes
Legislator pushing bill to overturn Feres Doctrine
Law prevents troops’ malpractice lawsuitsLegislator pushing bill to overturn Feres DoctrineBy Leo Shane III, Stars and Stripes
Thursday, June 19, 2008
Legislator pushing bill to overturn Feres Doctrine
Law prevents troops’ malpractice lawsuits
Legislator pushing bill to overturn Feres Doctrine
By Leo Shane III, Stars and Stripes
Mideast edition, Friday, June 20, 2007
WASHINGTON — Military doctors identified potentially cancerous tumors on Sgt. Carmelo Rodriguez’s back in 1997, and again noted it during numerous physicals over the next eight years. But they never told him about it.
He died of skin cancer in January 2007.
His family said if Rodriguez received that kind of treatment from a civilian doctor, they’d have already won a civil suit against the hospital and forced the physicians out of practice.
"This was negligence," said his sister, Yvette Rodriguez. "It was clear malpractice, and his death could have been prevented."
But, under federal law, they can’t sue the Marine Corps or doctors involved. A Supreme Court decision known as the Feres Doctrine blocks any servicemember from suing for damages related to injuries, mistakes or negligence that occurs while they’re on active duty.
Rep. Maurice Hinchey, D-N.Y., wants to change that. Last month, he introduced new legislation that would permit medical malpractice claims against the military, specifically citing Rodriguez’s case.
go here for more
http://www.stripes.com/article.asp?section=104&article=55658
Use some common sense here. If Feres Doctrine had been overturned do you think that the government would have been doing what they have been doing when it comes to Walter Reed? When it comes to misdiagnosing wounded veterans? When it comes to turning away suicidal veterans turning to them for help? Would there be deaths because of mistakes or would they have set up ways to make sure the troops/veterans were getting the best possible care all the time instead of most of the time? If they are getting the best care possible than letting them be able to sue will do the government no harm since they pay their lawyers anyway. If not, then the men and women who serve this nation will end up getting the best care possible.
Legislator pushing bill to overturn Feres Doctrine
By Leo Shane III, Stars and Stripes
Mideast edition, Friday, June 20, 2007
WASHINGTON — Military doctors identified potentially cancerous tumors on Sgt. Carmelo Rodriguez’s back in 1997, and again noted it during numerous physicals over the next eight years. But they never told him about it.
He died of skin cancer in January 2007.
His family said if Rodriguez received that kind of treatment from a civilian doctor, they’d have already won a civil suit against the hospital and forced the physicians out of practice.
"This was negligence," said his sister, Yvette Rodriguez. "It was clear malpractice, and his death could have been prevented."
But, under federal law, they can’t sue the Marine Corps or doctors involved. A Supreme Court decision known as the Feres Doctrine blocks any servicemember from suing for damages related to injuries, mistakes or negligence that occurs while they’re on active duty.
Rep. Maurice Hinchey, D-N.Y., wants to change that. Last month, he introduced new legislation that would permit medical malpractice claims against the military, specifically citing Rodriguez’s case.
go here for more
http://www.stripes.com/article.asp?section=104&article=55658
Use some common sense here. If Feres Doctrine had been overturned do you think that the government would have been doing what they have been doing when it comes to Walter Reed? When it comes to misdiagnosing wounded veterans? When it comes to turning away suicidal veterans turning to them for help? Would there be deaths because of mistakes or would they have set up ways to make sure the troops/veterans were getting the best possible care all the time instead of most of the time? If they are getting the best care possible than letting them be able to sue will do the government no harm since they pay their lawyers anyway. If not, then the men and women who serve this nation will end up getting the best care possible.
Wednesday, May 21, 2008
Soon, The Name "Carmelo Rodriguez" Will Be Heard In Congress
Case Sheds Light On Military Law
Soon, The Name "Carmelo Rodriguez" Will Be Heard In Congress
WURTSBORO, N.Y., May 19, 2008
(CBS) Today the name Carmelo Rodriguez marks a modest grave in upstate New York, where his family still visits, and still mourns.
But soon - as early as Tuesday - that name will be introduced on the floor of the U.S. Congress, CBS News correspondent Byron Pitts reports.
"The bill is called the Carmelo Rodriguez Military Medical Malpractice and Injustice Act," said Rep. Maurice Hinchley.
CBS News reported exclusively on the life and death of Marine Sgt. Carmelo Rodriguez last January. While he was serving as a platoon leader in Iraq, his family says a military doctor there "misdiagnosed" the sergeant's skin cancer, calling it instead "a wart."
A condition first diagnosed in 1997 during Rodriguez's original medical exam from his enlistment.
But doctors did not inform him or recommend any follow-up.
Untreated for years, the melanoma worsened. By the time Pitts met Sgt. Rodgriquez, the once-fit, gung-ho Marine had lost nearly 100 pounds. As we were preparing to interview him … he died.
His death sparked a rush of e-mails, letters and calls to CBS News and members of Congress. Due to what's known as the Feres Doctrine, Rodriguez's family, including his 7-year-old son, cannot sue the military for medical practice.
Unlike every other U.S. citizen, the Feres Doctrine forbids active military from suing the federal government for malpractice. One argument: it would disrupt military order and discipline.
"No Congress has ever changed it," said Maj. Gen. John D. Altenburg. "They've had 50-some years to have opportunity to change the federal tort claims act and to effect the Feres Doctrine, and they chose not to do that and I think for good reason."
go here for more
http://www.cbsnews.com/stories/2008/05/19/eveningnews/main4109454.shtml
Soon, The Name "Carmelo Rodriguez" Will Be Heard In Congress
WURTSBORO, N.Y., May 19, 2008
(CBS) Today the name Carmelo Rodriguez marks a modest grave in upstate New York, where his family still visits, and still mourns.
But soon - as early as Tuesday - that name will be introduced on the floor of the U.S. Congress, CBS News correspondent Byron Pitts reports.
"The bill is called the Carmelo Rodriguez Military Medical Malpractice and Injustice Act," said Rep. Maurice Hinchley.
CBS News reported exclusively on the life and death of Marine Sgt. Carmelo Rodriguez last January. While he was serving as a platoon leader in Iraq, his family says a military doctor there "misdiagnosed" the sergeant's skin cancer, calling it instead "a wart."
A condition first diagnosed in 1997 during Rodriguez's original medical exam from his enlistment.
But doctors did not inform him or recommend any follow-up.
Untreated for years, the melanoma worsened. By the time Pitts met Sgt. Rodgriquez, the once-fit, gung-ho Marine had lost nearly 100 pounds. As we were preparing to interview him … he died.
His death sparked a rush of e-mails, letters and calls to CBS News and members of Congress. Due to what's known as the Feres Doctrine, Rodriguez's family, including his 7-year-old son, cannot sue the military for medical practice.
Unlike every other U.S. citizen, the Feres Doctrine forbids active military from suing the federal government for malpractice. One argument: it would disrupt military order and discipline.
"No Congress has ever changed it," said Maj. Gen. John D. Altenburg. "They've had 50-some years to have opportunity to change the federal tort claims act and to effect the Feres Doctrine, and they chose not to do that and I think for good reason."
go here for more
http://www.cbsnews.com/stories/2008/05/19/eveningnews/main4109454.shtml
Friday, February 1, 2008
The Death of Marine Carmelo Rodriguez
I found the link to the video posted on VAWatchdog.org.
From CBS Evening News with Katie Couric, Thursday, January 31, 2008.
Length of video is 8:20.
Posted on YouTube here...
From CBS Evening News with Katie Couric, Thursday, January 31, 2008.
Length of video is 8:20.
Posted on YouTube here...
http://www.youtube.com/watch?v=5l7BObKkb5Q
A Question Of Care: Military Malpractice?
One Marine Served His Country With Care. Was His Cancer Misdiagnosed, Leading To His Death?
ELLENVILLE, N.Y., Jan. 31, 2007
(CBS) Carmelo Rodriguez was dancing with his niece just last year. By all accounts Rodriguez, a 29-year old, loved life, his family and the Marine Corps. He was also an artist, a father, and a part-time actor. He once appeared with Katie Holmes in a scene on the TV series Dawson's Creek.
An image of Sgt. Rodriguez with his Marine buddies in Iraq in 2005 shows him as a fit, gung-ho platoon leader.
CBS News correspondent Byron Pitts met Rodriguez two months ago. That once-buff physique had been whittled down to less than 80 pounds in 18 months by stage 4 melanoma. He was surrounded by family, including his 7-year-old son holding his hand. It was Rodriguez's idea we meet.
When Sgt. Rodriguez was in Iraq, military doctors, he says, misdiagnosed his skin cancer. They called it "a wart."
Eight minutes after Pitts met Sgt. Carmelo Rodriguez, and CBS News was preparing to interview him, he died.
for more of this go here
http://www.cbsnews.com/stories/2008/01/31/eveningnews/main3776580.shtml
A Question Of Care: Military Malpractice?
One Marine Served His Country With Care. Was His Cancer Misdiagnosed, Leading To His Death?
ELLENVILLE, N.Y., Jan. 31, 2007
(CBS) Carmelo Rodriguez was dancing with his niece just last year. By all accounts Rodriguez, a 29-year old, loved life, his family and the Marine Corps. He was also an artist, a father, and a part-time actor. He once appeared with Katie Holmes in a scene on the TV series Dawson's Creek.
An image of Sgt. Rodriguez with his Marine buddies in Iraq in 2005 shows him as a fit, gung-ho platoon leader.
CBS News correspondent Byron Pitts met Rodriguez two months ago. That once-buff physique had been whittled down to less than 80 pounds in 18 months by stage 4 melanoma. He was surrounded by family, including his 7-year-old son holding his hand. It was Rodriguez's idea we meet.
When Sgt. Rodriguez was in Iraq, military doctors, he says, misdiagnosed his skin cancer. They called it "a wart."
Eight minutes after Pitts met Sgt. Carmelo Rodriguez, and CBS News was preparing to interview him, he died.
for more of this go here
http://www.cbsnews.com/stories/2008/01/31/eveningnews/main3776580.shtml
But he's not the only one.
Friday, January 25, 2008
VA Red Flag turned away veteran with tumor
Sick Redmond veteran says he's getting run-aroundJan 24, 2008 10:35 PM ESTVA denies 'red-flagging' means care is deniedBy Nina Mehlhaf, KTVZ.COMA Redmond veteran says he was refused medical treatment at the Bend VA Clinic, red-flagged and now can't get the treatment he needs for advanced cancer.Now he's pleading with officials to fix the system, while they say he was a disturbance.
Pill bottles in the dozens line the bedside 52-year-old Jeffery Severns sleeps in in his Redmond living room.The veteran was a combat nurse all over the world and served in Operation Desert Storm.But cancer has spread into his shoulder, tailbone, spine, ribs and gall bladder.Last spring, it was his throat that hurt him the most, so he went to the VA Clinic in Bend without an appointment and begged to be seen, but it didn't happen."Since [my vocal cords] were paralyzed, there was too much air going in and out," Severns explained Thursday. "I couldn't speak, so I would have to take in huge amounts of air to take in a few words. So they thought I was weird.
They thought because I was anxious, because I thought I was going to die, they thought I was a threat."Severns says he was red-flagged, a process the Department of Veterans Affairs uses when someone is disruptive, threatening or violent.He says the Bend clinic refused him service, so he got a ride to Portland's VA Medical Center. He says doctors there were ready to help - until they looked at his file and saw the red flag.He says he was escorted right out of the building and continues to be banned from the Bend office.It wasn't until a private doctor at a Washington hospital scanned him and found what was wrong. He had a tumor the size of his heart, wrapped around his aorta.
http://woundedtimes.blogspot.com/2008/01/va-red-flag-turned-away-veteran-with.html
http://woundedtimes.blogspot.com/2008/01/va-red-flag-turned-away-veteran-with.html
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