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Help abolish the Feres Doctrine

February 4th, 2008 · 16 Comments

Sign the petitionhttp://www.petitiononline.com/fd1950/petition-sign.html

The Feres Doctrine,I probably read about it on high school but I don’t remember.  Now, years later it is haunting my family as well as many other military families. (Taken from Wikipedia) …Feres v. United States, 340 U.S. 135 (1950), is a case in which the Supreme Court of the United States ruled that the United States is not liable under the Federal Tort Claims Act for injuries to members of the armed forces sustained while on active duty and not on furlough and resulting from the negligence of others in the armed forces. The opinion is an extension of the English common-law concept of sovereign immunity.

The practical effect is that the Feres doctrine effectively bars service members from successfully collecting damages for personal injuries, whether or not they were suffered in the performance of their duties. It also bars families of service members from filing wrongful death or loss of consortium actions when a service member is killed or injured. The bar does not extend to killed or injured family members, so a spouse or child may still sue the United States for tort claims (such as medical malpractice), nor does it bar service members from filing either in loco parentis on their child’s behalf or filing for wrongful death or loss of consortium as a companion claim to a spouse or child’s suit.

What is basically means to us is that because my husband is active duty, he is required to seek medical treatment from the military, and regardless of the outcome of the treatment, the military is not financially responsible.  The military can make any sort of careless mistake with his medical care which can result in death or permanent damage and we cannot file a lawsuit.  We are not looking to profit off of the unfortunate diagnosis my husband received.  However, the fact that he did not receive proper treatment which resulted in a subsequent brain surgery and eminent premature retirement does not seem right. How does it seem fair that because the military messed up they are pushing my husband out of the service?  My husband is not well enough to work and he faces multiple future surgeries and other medical treatment. Because he is going to be forced into retirement he will receive a significant cut in pay.  How are we supposed to make up for this pay cut?  I must return to work, which I have no problem with but who is going to drive him to his medical appointments and take care of him during the day following his surgeries if I have to return to work to financially support our family?

Now I understand that once you join the military you give up a lot of your rights.  However, how is it that convicted criminals…murders, child predators , and others on death row have more rights than those serving and protecting our country?  People in prison have a right to file a malpractice lawsuit but people protecting our freedom do not?  That does not make sense to me.

It is sad and very alarming that we are not the only family affected by this.  If you search the Internet there are many service members who are haunted by the Feres Doctrine. Below are stories of some others:

http://forum.rscnet.org/archive/index.php?t-127565.html

Sgt. Carmelo Rodriguez

http://www.gather.com/viewArticle.jsp?articleId=281474977247314

LT Clark and CDR Lamoreaux  

On Feb 18 1996, LT Clark and CDR Lamoreaux died in an explosion caused by a GE engine defect the Navy brass knew about but chose to ignore. The Feres Doctrine prevented their widows from suing GE for wrongful death. Feres is a license to kill our own service members.

http://sandiego.indymedia.org/en/2004/05/104505.shtml 

(spouse) Alexis Witt

“I have just taken my husband off life support at Travis AFB David Grant Medical Center. He had a routine appendectomy performed, he went without oxygen for 12-15 minutes after surgery because the staff tried to revive him with pediatric equipment…. many other mistakes were made that contributed. You can read about it online with the Salt Lake Tribune. ”

sincerley alexis witt
alexiswitt@hotmail.com

SPC Richard Jackson

“My husband is currently in the United States Army. He loves his country and is now getting medically chaptered out because of an acident he was in on October 22,2002. While he was loading a round into his tank while at gnnery, the new AIMS device caught him in the side of the head and crushed his skull. When he went into surgery 2 days later, he had both of his eyes working, undeleivibly. The doctors from BAMC hospital came out to tell me that while the surgery was successful, my husband is now permantly blind in his right eye and woudl never fee the side of his face again. The eyesight was lost because the docotrs went in too soon and caused severe sweeling. This was told to me by the doctors, they addmitted the fault. Now my husban who was a career soldier is being put out. He has nop other job skills then driving tractor an trailors, and that is not advises or leagal wih one eye and when we spoke to a lawyer they said nothing could be done because of the “Feres Doctrine”. Where are the rights fr the soldiers and there families. What help will we recieve now that he has to start over. What compensation is out ther for the families that have been hurt and whowill take the people rsposible to task for what they did? This document is a farce and it is fr the government to hide bhind. My husband gladl would give his life for his country beause he believes in it. Now the government wont help him. If anyone knows anything that can be of help please let me know and I will gladly help anyone who needs it. ”
Alexis and Spc Richard Jackson
Ft hood Texas
jaxkitten24@aol.com

(mother) Dorothy L. Bundrant dbund65371@aol.com

“FN Darion A. Price USN, KILLED MY SON, Cpl. Andrew R. Franco, on April 1, 2001, our Government knows and does not care. It happened on the USS Portland, during routine training. The sad thing is I believe my son was not the only one that died during that 6-month training.

        My name is Dorothy L. Bundrant. My 25 year old son is/was a Marine. My son, CPL Andrew R. Franco Jr., fell 25ft through an open hatch on the catwalk, which was carelessly left open by FN Darion A. Price USN, on March 29, 2001. My Son was in a coma for 3 days in Ramstein, Germany; while Andrew’s father and I were waiting for the Marines to obtain all the paperwork needed so that we could be with our son, he died, it was April 1, 2001. We never had the chance to tell him that we love him, or to say goodbye.

        At any other time this incident would be called negligent homicide or wrongful death but because my Son died in the military it was called a safety issue. WHERE IS THE JUSTICE that Andrew’s brothers, Father and I deserve? To my knowledge FN Darion A. Price USN has never once shown any remorse for his actions that caused my son’s death. He definitely never told my family or me that he was sorry.

Because it happened in the military both FN Darion A. Price USN and our government are immune; we will never receive the justice that we deserve”

Tags: Carmelo Rodriguez · Feres Doctrine · loss of consortium · malpractice · medical malpractice · Sgt. Carmelo ROdriguez · Uncategorized · wrongful death

16 responses so far ↓

  • 1 Aimee Zmysly // Feb 24, 2008 at 00:04

    I wanted to start out with how disappointed in the military and how is takes care of our loved ones. My husband is 23 and has an anoxic brain injury because of an appendectomy. Which with reading this page he is not the first one and unfortunately not the last. He can’t talk and is learning to walk, his vision is bad because of his brain injury.He has several other issues due to being in a coma for 2 months. He served over seas twice without a scratch on him. After months of worrying about him being in a war zone, when he was home, I never thought I would have to worry. Our lives have changed and he will never be the same. I am happy he is with me today and will take care of him, love him and stand up for him for the rest of my life. After his surgery the hospital wouldn’t meet us until the day we left to go home to IL. Where here, everyday is a fight to get him therapy and the right kind of treatment. And the government and military retired him and pretty much washed their hands. How can the doctors and nurses that did this to my wonderful husband sleep at night? If they never get in trouble for making ridiculous mistakes how will this stop? The feres doctorine needs to be abolished and these men and women need to be treated like the heroes they are. We need to band together and go to Washington and show them what these “doctors” are doing and see how many people’s lives they have ruined.
    I want to send my condolences to all of you who have lost your loved one.

    Sincerely,

    Aimee Z

    Aimerz121@aol.com

  • 2 David Ray LeRoy // Mar 30, 2008 at 15:55

    I’m Sorry for your loss and know sometime you will be comforted in knowing that he does live on in you and the people he was close to and there will be a place and time that he will meet again with the one’s that love and honor him,Im a former Marine and know what happens in a VA Hospital’s and in training with the service there is a lot of mistakes made and covered up to prevent things from becoming a news source and cause damage to the corps, and to anyone that would talk about it will be destroyed in the process and asked to leave for the best of the service, I would like to help in anyway you think I could, and by the way my mothers madien name was Bundrant her father was Joel Bundrant from Texas and Oregon, Again Sorry for your loss David LeRoy

  • 3 GEORGE V. MARKOVICH // May 22, 2008 at 07:39

    DEFEAT THE FERES DOCTRINE

  • 4 Ed Fremer // Nov 15, 2008 at 17:59

    My son Michael Fremer was killed at Fort Polk, La on 2/13/08 because of Army Negligence. The Army can not accountable because of the Feres Doctrine. This law needs to be changed. How come the Army is not liable for Negligence? Our young men and woman are risking their lives. This is how our country treats them and the families? The Feres Doctrine needs to be overturned!

  • 5 Fight4Dean // Dec 4, 2008 at 23:04

    Hello Aimee,
    I am the sister in law of SSGT Dean Patrick Witt.

    I’m sorry to hear that our government has failed your family as well.

    Please tell your husband that there are many, many Americans who are fighting for him and others to keep this from happening again.

    God Bless You and Yours,

    CTV

  • 6 Ed Fremer // Dec 21, 2008 at 10:21

    The feres doctrine needs to be overturned completely. My son Michael Fremer was killed at Fort Polk, La on 2/13/08 after Training was completed. The Army has admitted his death was due to Army Negligence. But the Army is exempt from Liability due to the Feres doctrine. I have been in contact with others parents of soldiers who have sad similar stories. It seems the Army does not care and views the soldiers as expendable. The Army needs to be held Accountable for Negligence. Please overturn the Feres Doctrine!

    Thanks,

    Ed Fremer

  • 7 Eric Santiago // Mar 24, 2009 at 21:47

    Please, if you have any data, case files, video, images, anything (even if partially redacted) please contact me to add these files to the website. I have started “STOPFERES.ORG” to act as a central gathering place for information regarding reverting this nonsense doctrine.

    Our family has made significant progress, but we need all the help we can get to STOP FERES from hurting anyone else.

    The site is under construction, as I have just recently gotten information to get the site started. We recently got a bill overturning the doctrine introduced into congress and need to start a public awareness and support campaign. Any ideas or help is welcome! Thanks!

  • 8 Jeffrey A. Trueman // May 6, 2009 at 02:42

    Hello,

    After 15.4 years of fighting the doctrine, if I can help you pick up the ball and run with it, please let me know.

    Best wishes,
    /s/
    Jeff Trueman

  • 9 erniesfootprints // Jun 25, 2009 at 02:05

    I also have a story about the military disloyalty,
    blood test taken at inprocessing revealed I was pregnant which I wasn’t aware of yet, they not only overlooked it but they also gave me alot of vaccinations, sent me to training, and when I finally found out “3 months later” they didn’t approve prenatal care for me I was discharged at 5 months pregnant and 5 days after being chaptered out my son Ernie born and died January 25, 2009. Lawyers told be gross negligence is written all over but there is nothing they could do because of the Feres doctrine. Contact your Senators and Congressman to Support the Carmelo Rodriguez Military Malpractice Accountability Act of 2009. I’m trying to update my site whenever possible my contact info is one the site http://www.erniesfootprints.com

  • 10 Kelvin51 // Oct 10, 2009 at 08:13

    Rejection is an unfortunate part of the biz that we all deal with. ,

  • 11 David Marshall // Nov 13, 2009 at 09:16

    Please hold your U.S. House and Senate Representatives accountable. Thank you.

    Despite the efforts of some, in 2009 it is fifteen (15) of fifty nine (59) years later without the U.S. Congress’s then known violations corrected; REFERENCES [1] thru [7]: A. In 1950 the U.S. Supreme Court Feres Doctrine holds the federal government harmless for injuries to military personnel.[1] B. The 1950 Secretary of the Department of Defense (DOD) issued a no non-consensual military human experimentation memo.[2] C. In Sept. 1994 there was the U.S. General Accounting Office (GAO) “Human Experimentation” “Testimony” on order disobayed injuries to U.S. Military personnel.[3] D. In Oct. 1994 the Chief Judge of Congress’s 1988 established inferior U.S. Court of Veterans Appeals (COVA) stated that the, “Constitution, statutes and regulations” are “policy freely ignored” by both the Secretary of the Department of Veterans Affairs (DVA) and “The Veterans Health Administration” (VHA). Also there is the, “The” Veterans Appeals “court may not review the schedule of ratings for disabilities or the policies underlying the schedule.”, e.g., DOD human experimentation issues.[4] That is the herein “STATE OF COURT” transcript PARAGRAPH 9 with Congress’s law of the land, no allowed Court review U.S. CODE, TITLE 38, SECTIONS (§) 511 and § 7252. Decisions of the Secretary; finality; [5] & [6]. and C. The 54 page Dec. 94 U.S. Senate’s “hundreds of thousands” of military guinea pigs acknowledgment plus its, “The Feres Doctrine should not be applied for military personnel who are harmed by inappropriate human experimentation when informed consent has not been given.”[7] The GAO and U.S. Senate established experimentation caused issues can not be addressed by COVA or by any other U.S. Court! Accordingly, do not these violations now continue?

    Underlying all, the 1950 U.S. Supreme Court’s FERES DOCTRINE holds the the federal government harmless for no matter the cause, injuries to active duty personnel.[1] On 26 February 1953 was the DOD Secretary’s NO non-consensual, human experiment’s Memo.[2] Thereby an after order disobeyed dereliction of duty demonstrated by the GAO and U.S. Senate in [3] & [7]! In 1988 the U.S. Congress’s Veteran’s Judicial Review Act created COVA. This is a U.S. Congressional no teeth inferior LEGISLATIVE, NOT a Judicial Branch Court. It can not hold the DOD & DVA responsible for the underlying facts of a case. Its Chief Judge describes veterans captured within an out of control, DVA health care process. Lost is a prior to military service right to a facts of the case reviewing and precedence setting, superior Judicial Branch Court. All veterans are captured within the “freely ignored” “Constitution, statutes and regulations” Executive Branch. To date the DOD Secretary’s disobeyed order, the GAO, Veterans Court Chief Judge and U.S. Senate noted violations have not been corrected! Now gone for both active U.S. Service Personnel and U.S. Veterans are the check and balances between our branches of government, i.e., the Legislative (U.S. House and Senate), the Executive (e.g., DOD and DVA) and the Judicial. In 2006 under the “Pandemic All-Hazards Preparedness Act” the Biomedical Advanced Research and Development Authority (BARDA) was established.[8] Under its “national security missions” is an in the foot steps follow on to the DOD injuring biomedical research documented by the GAO and U.S. Senate.[3] & [7]!

    A couple of examples of the “initial adjudicators” to date “freely ignored” are this veterans 1957 DVA Physician’s resultant USAF Physician’s, “MPerR PERMANENT” “SURGEON HQ ARRC JUN 25 ‘58 MEDICALLY DISQUALIFIED FOR MILITARY SERVICE” (1952 to 1956)! Then the layman adjudicator’s brainless 6/27/96 Supplemental Statement Of Case (SSOC) no “…competent medical evidence…”. After an ongoing 18 years in the DVA administrative process the veteran receives a 100%disability. To date there is still no recognition of their 1957 DVA physician’s resultant 1958 USAF physician “disqualified”!

    REFERENCES (Emphasis added throughout) with comments:

    [1] The U.S. Supreme Court decided in 1950, in Feres v. United States, 340 U.S. 135, 71 S. Ct. 153, 95 L. Ed. 152, that the federal government could not be held liable under the statute known as the Federal Tort Claims Act (28 U.S.C.A. Sections 1291, 1346(b), (c), 1402(b), 2401(b), 2402, 2671-80) for injuries to members of the armed forces arising from activities incident to military service. A doctrine that bars claims against the federal by members of the armed forces and their families for injuries arising from or in the course of activities incident to military service. Sourse:
    FeresDoctrine

    [2] 26 February 1953, DOD Secretary’s NO non-consensual, human experiment’s Memo. Pages 343-345 of “The Nazi Doctors and the Nuremberg Code; Human Rights in Human Experimentation” by George J. Annas and Michael A. Grodin. (Oxford University Press, 1992).

    [3] September 28, 1994 GAO Military “Human Experimentation” “Testimony”. GAO/T-NSIAD-94-266

    [4] “STATE OF COURT, CHIEF JUDGE FRANK Q. NEBEKER, STATE OF THE COURT, FOR PRESENTATION TO THE UNITED STATES COURT OF VETERANS APPEALS THIRD JUDICIAL CONFERENCE, OCTOBER 17-18, 1994 {as it appears in Veterans Appeals Reporter}”

    ——————–PARAGRAPH 9 of 16 in “STATE OF COURT” TRANSCRIPT records DVA laymen ignoring medical opinion without veteran recourse.—————————–

    “I believe my message is clear. There is, I suggest, no system with judicial review which has within it a component part free to function in its own way, in its own time and with one message to those it disappoints — take an appeal. That is, I am afraid, what we have today in many of the Department’s Agencies of Original Jurisdiction — that is AOJs — around the country. Neither the Court, through the Board, the Board, nor the General Counsel has direct and meaningful control over the Agencies of Original Jurisdiction. Indeed, it is also clear that the VHA — the Veterans Health Administration — ignores specific directives to provide medical opinions as directed. And this is resulting in unconscionable delays. Let us examine judicial review. Remember, the Court and the Board do not make policy, the Secretary and Congress do. The Court simply identifies error made below by a failure to adhere, in individual cases, to the Constitution, statutes, and regulations which themselves reflect policy — policy freely ignored by many initial adjudicators whose attitude is, “I haven’t been told by my boss to change. If you don’t like it — appeal it.” The complete 16 paragraph “STATE OF COURT” transcript is available on request. Previously at, and now missing from the Chief Judges and state_of_court sites: http://www.goodnet.com/~heads/nebeker & http://www.firebase.net/state_of_court_brief.htm The legal-dictionary source “http://legal-dictionary.thefreedictionary.com/federal+court”>Federal Courts notes in part: “The court may not review the schedule of ratings for disabilities or the policies underlying the schedule.”

    The top medically ignorant “boss” is Congress’s confirmed “Secretary” of the DVA.

    AND THE CONGRESS’S “policy freely ignored” UNITED STATES CODE law of the land, take away from Veterans:

    [5] UNITED STATES CODE, TITLE 38 > PART I > CHAPTER 5 > SUBCHAPTER I > § 511. Decisions of the Secretary; finality
    http://www.law.cornell.edu/uscode/html/usc…11—-000-.html

    “(a) The Secretary shall decide all questions of law and fact necessary to a decision by the Secretary under a law that affects the provision of benefits by the Secretary to veterans or the dependents or survivors of veterans. Subject to subsection (b), THE DECISION OF THE SECRETARY AS TO ANY SUCH QUESTION SHALL BE FINAL AND CONCLUSIVE AND MAY NOT BE REVIEWED BY ANY OTHER OFFICIAL OR BY ANY COURT, whether by an action in the nature of mandamus or otherwise.”

    THEREFORE, NO COURT REVIEW OF THE MEDICALLY UNTRAINED DVA laymen and “Secretary” “schedule of ratings for disabilities” decisions as proven by:

    [6] UNITED STATES CODE, TITLE 38 PART V > CHAPTER 72 > SUBCHAPTER I > § 7252. Jurisdiction; finality of decisions

    “(b) Review in the Court shall be on the record of proceedings before the Secretary and the Board. The extent of the review shall be limited to the scope provided in section 7261 of this title. THE COURT MAY NOT REVIEW THE SCHEDULE OF RATINGS FOR DISABILITIES adopted under section 1155 of this title or any action of the Secretary in adopting or revising that schedule.”

    [7] December 8, 1994 REPORT 103-97 “Is Military Research Hazardous to Veterans’ Health? Lessons Spanning Half a Century.” Hearings Before the U.S. Senate Committee on Veterans’ Affairs, 103rd Congress 2nd Session. With NOTES 1 to 170.

    [8] 2006 – Under Public Law (P.L.) 109-417 the “Pandemic All-Hazards Preparedness Act. 42 USC 201” established was the Biomedical Advanced Research and Development Authority (BARDA). Signed into law 16 December 2006. SOURCE: http://www.hhs.gov/aspr/omsph/nbsb/publiclaw109417.pdf

  • 12 Penny Palmer // Mar 22, 2011 at 23:14

    Here is my son LCpl Jimenez story: On March 20th, 2010 my son Lance Corporal Jimenez went unconscious while sparring with USMC Boxing Team. He never regained consciousness again. They declared it a tragic accident. As much as I wish it was with all my heart, but it wasn’t. Let’s go back to February 27th, 2010, this would be the day my son Anthony had blunt force trauma to the head and went to the hospital thinking his nose was broken. Dr. Zimmer diagnosed him with Nasal Congestion and a Nasal Bridge Contusion (bruise). In the interval from February 27th to March 20th, 2010 my son would go to the hospital 5 times complaining of head pain and nasal congestion. Not once was he given an MRI, CATSCAN or X-RAY. On his 4th visit March 6th one Dr. Cherry referred him to ENT for unresolved nasal congestion and unsubsided pain w/limited duties. ENT appointment was on April 5th, 2010, which he would not make it to. My son would go back to the hospital one more time on March 10th and one Dr. Martin would put my son on full active duty. Please keep in mind he still had a pending ENT appointment.

    On March 20th he would be participating in boxing practice, when he tells the coach “I can’t breathe through my nose at all anymore. Coach replies “Than I guess you better breathe through your mouth”. What a really nice thing to say. Twenty to thirty minutes later my son becomes disoriented. The coach takes him out of the ring unsupervised. I get to watch on a tape my son walking away from the ring and collapsing two times and nobody helps him. One Lance Corporal Garcia noticed my son wasn’t looking well and notified the coach. The couch never left the ring to look at my son. He did tell them to call EMS. When the EMS got there they found my son sitting on a chair, slumped over by himself, with a bag of ice on his neck. He was unconscious/unresponsive with a temperature of 102.4. Upon arrival at the Naval Hospital at Camp Lejeune a CATSCAN was final administered. My son had a severe Subdural Hemorrhage and was bleeding out badly. My son would be airlifted to Pitt Memorial Hospital in Greensboro, N.C. At Pitt Memorial Hospital he underwent surgery, but never regained consciousness and was on life support till March 23th, 2010 3PM. It was at this time he was declared brain dead. I was told by Colonel Lieutenant Siemens if I needed anything to just ask. What I asked for was for just one Dr. to tell me why they didn’t medically feel my son should have had an X-RAY, CATSCAN, or MRI. Well it took me 10 months to get that meeting. I just wanted to give them the benefit of the doubt that this can’t be for real. Up to now from reading the investigation report it was completely UNBELIEVEABLE.

    On January 7th, I met with four of the five doctors that saw my son and the head of Naval Hospital at Camp Lejeune Kim Forman. That meeting did not help at all. Here are some highlights. Question to Dr.Martin in reference to why he took my son off restricted duty and put him back on full active duty even though he had a pending ENT appointment. Answer “His vitals were fine and he looked ok to me”. My response “Well than why did he come to you”? His response was “Nasal congestion”. So, someone with difficulty breathing should be put back in the ring. Response from the head of the hospital “Do you think when a boxer gets a cold and is congested he doesn’t box”. How can one compare nasal congestion from an injury to nasal congestion from a cold? It is purely insane to even think of comparing the two. Why weren’t any x-rays done? Dr. Marquez said “he doesn’t like to give unnecessary radiation to his clients because of the effects it can have on them later in life. All I can say is “You have to be kidding me”. When I brought up the fact that if he had gone to a civilian hospital he would have had an X-Ray on the first visit; never mind that he went to the hospital 4 more times. Response from Ms. Forman (said with a smirk) that’s because of liabilities. Basically stating the military has no liabilities because they can’t be touched. There is so much more to tell and trust me it gets better and better. Anyway the meeting did not make me get any peace of mind. All it did was make me know that my son died from I would like to say negligence, but this is pure STUPIDITY. There were four investigations done. NCIS hasn’t even closed theirs yet. I have been doing a lot of research and have found out this is common practice in the military. Our young men and women are being treated as disposables. They just recruit another one. THIS IS UNEXCEPTABLE. These are the people who volunteer to put their life’s on the line for our freedom and this is how they get treated. I believe they should be treated better than anyone else. THAT’S THE BOTTOM LINE!!!!! These are just some of the highlights there so much more to my sons story.
    We all need to band together and get the Ferres Doctrine changed. Who ever would like to get together with me to get this more public and make something happen let me know. The families and loved ones of our soldiers out number the goverment. We need to put a stop to these unnecessary deaths. LETS TAKE A STAND!!!!!!!

  • 13 Darleen Wentland Horton // Apr 23, 2011 at 13:17

    I am interested in this petition because my husband, Ivan William Wentland, died in 1956 of an overdose of potassium chloride in the Fort Sill Hospital, and I found then that, because of this Feres Doctrine, no help could be obtained for the widow and expected infant. I have clicked on the printed address for signing the petition and found that it might be out of date. Is there really a petition I could sign for this unfair doctrine?

  • 14 jimmy lewter // Jun 1, 2011 at 11:44

    my son was recently killed by another marine in a blatant case of arrogant carelessness. this action would carry a minimum vehicular homicide charge as a civilian. we are currently challenging the feres doctrine in california court. my heart goes out to anyone who has been “raped” by the careless actions of government employees while hiding under the blanket protection of feres. how can they uphold the laws for which they are not accountable. i will not rest until the reckless endangerment behavior of our military is defeated.

  • 15 charlotte turner // Aug 18, 2012 at 07:13

    My son was killed on 1/11/12 in Kherwar Province, Afghanistan. He was shot by a fellow soldier through his chest with a LAW missile. Inside a building. We received the redacted 15-6 investigation report last week. Apparently this soldier who’s duty it was to SECURE the weapons as they arrived in the building, had been spoken to about “horseplay” and “muzzle awareness” multiple times even on the day he killed my son. Military has admitted culpability on many levels. Live weapons were intermigled with spent weapons on shelves when they were supposed to be locked up. The soldier that killed my son had no authorization to use that weapon yet was “training my son how to use it”. An officer came into the room just prior to the missile going off and saw the soldier with it shouldered and aimed at my son and SAID NOTHING. 3 other soldiers were injured in the ensuing blast. We were told by one of the investigators that had the arming propeller not broken off in my sons chest, the missile would have proceeded through the wall behind him and blown up the building with everyone in it. I am in the process of waiting for a law firm to get back to me after they read the report….and have said they will help in anyway they can. I know it will be an uphill battle because if feres and the stringent limitations within the FTCA. I have decided that I will fight to change this archaic law until the day I die. I promised my son when I saw his body that I would take care of this. And despite horrific daily grief….I intend to.

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