MilitarySpot.com

Serving the U.S. Army, Navy, Air Force, Marines, Coast Guard and National Guard

Online Schools
| VA Loans
Follow MilitarySpot:
 
  • Home
  • Enlist
    • Join The Army
    • Join The Navy
    • Join The Air Force
    • Join The Marines
    • Join The Coast Guard
    • Join The National Guard
    • ASVAB
    • Army Physical Fitness Test
    • Military Draft
    • Prior Service Army Enlistment
  • Career
    • Join the Military
    • Jobs for Military and Civilians
    • Career Center
    • Prior Service Army Enlistment
    • Criminal Justice
  • Education
    • Online Schools
    • Spouse Education Benefits
    • GI Bill
    • Military Schools
    • Criminal Justice
  • Benefits
    • Army Benefits
    • Navy Benefits
    • Air Force Benefits
    • Marine Corps Benefits
    • National Guard Benefits
    • Coast Guard Benefits
    • Veteran Benefits
    • Basic Pay Rates
    • Allowances
    • Special & Incentive Pay
    • Military Spouse Education Benefits
    • VA Education Benefits
    • GI Bill
  • News
    • Headline News
  • Finance
    • Debt Relief
    • Military Pay Rates
    • Military Personal Loans
    • VA Loans
    • Military Star Card
    • Military MyPay
  • Spouses
    • School Finder
    • Scholarships & Grants
    • PCS, DITY, & Moving
    • Pay Rates
    • MyCAA
    • Education Benefits
  • Community
    • Military Games
    • Military Reunions
    • Classifieds
    • Photo Gallery
    • Buddy Finder
    • MilitarySpot Pinups
    • Military Bases
  • Resources
    • Military Alphabet
    • Military Reunions
    • Military Acronyms
    • Currency Converter
    • Military Tools
    • Ranks
    • Military Time
    • Military Tactics
    • Military Discounts
    • Military Games
    • Military Videos
    • Photo Gallery
    • Infographics
    • How To
  • Travel

Momentum Gathers to Overturn SCOTUS Ruling Which Keeps Troops From Suing the Government

Suing the Government
June 2, 2016, by Jerry Nelson – Isabella Ortiz’s mom was given a medication she was allergic to. Isabella was still in the womb and was injured as a result of the medicine. Now, the family is requested the U.S. Supreme Court (SCOTUS) to hear its case. If SCOTUS agrees, it would be the latest challenge to the 65-year old Feres doctrine that forbids troops from suing the government for medical malpractice.

Jorge Ortiz was thinking of his daughter’s future when he filed a medical malpractice suit over the child’s botched birth.

When the case was thrown out by a lower court, pointing to the Feres doctrine, Ortiz petitioned SCOTUS as he hoped to change the law. Under the Feres doctrine, a child cannot be awarded a settlement for a birth injury solely because the mother is an active-duty member of the armed forces.

“We’ve gotten to a point where people can see how unfair this is for the children of military families,” Ortiz said in a telephone interview.

Isabella was born on March 16, 2009, to Captain Heather Ortiz, USAF, at Evans Army Community Hospital in Fort Carson, Colorado.

While Ms. Ortiz was being prepped for a Cesarean section, she was given medicine to which she had a known allergy — and was noted in her medical records. As she was given an antihistamine to stop the resulting allergic reaction, her blood pressure collapsed, and Isabella was deprived of oxygen.

The child suffered brain and nerve damage that requires she get therapy each week, and she has to wear leg braces.

The Feres opinion stems from a 1950 case, Feres v United States where SCOTUS ruled that active-duty military personnel is not protected by the Federal Tort Claims Act, which permits people wronged by government employees from suing.

It is a controversial provision and has caused complaints from patient advocacy groups as well as service groups.

For its part, SCOTUS has refused to hear petitions against Feres.The most recent attempt was in 2011 when a Marine whose surgery for an appendectomy went wrong leaving him in a vegetative state and eventual death.

To date, ten groups have filed briefs supporting the Ortizes and pushing SCOTUS to reconsider the case. The groups include the American Legion, the National Organization for Women, several veterans law clinics and law schools

Ortiz says he knows the odds are small that the justices will accept his daughter’s case, yet he remains optimistic. SCOTUS receives over 10,000 petitions each year and only hears about 80.

“I believe the Court will view this and understand that Feres is not just connected to military members, but family members as well,” Ortiz said. “There must to be transparency.”

Author Bio: Jerry Nelson, a Vietnam Veteran, is an American writer and photojournalist and  is always interested in discussing future work opportunities. Email him at jandrewnelson2@gmail.com and join the million-or-so who follow him on Twitter @Journey_America.

Comments

Filed Under: News

  • News
  • Enlist
  • Education
  • Career
  • Finance

Delayed Entry Program: Where Training the Future Force Begins

MAY 23, 2022 – Members of the Delayed Entry Program visited Dobbins Air Reserve Base on May 7, 2022 to tour a C-130H Hercules cargo aircraft, perform drill movements, and review the Airman’s creed and core principles of the Air Force. “Seeing the C-130H Hercules today was a great experience,” said Rylan Sietsema, DEP member. […]

Is the Army Reserve Calling You?

APRIL 27, 2022 – Graduating high school is a momentous achievement culminating in years of hard work and dedication. It also presents one of the most challenging questions many people will face in their life, “What do I do now?” Many high school students struggle with what they should do next, joining the workforce or […]

NEXCOM’s NEXT Gen Scholars Program Support Students

MAY 17, 2022 – The Navy Exchange Service Command’s (NEXCOM) NEXT gen Scholars Program offers qualified students the opportunity to win $2,500, $1,500, $1,000 or $500 each quarter for earning good grades in school. The next drawing is at the end of June 2022. To enter the drawing, students must be full-time with a “B” […]

How to Live as a Civilian After Active Duty

MAY 20, 2022 – When you were on active duty, money might not have been a huge issue. You lived on base, ate at the mess hall, and didn’t have any outstanding debt. Life was far different than what you lived prior to entering the service. But now that your time in the military is […]

DoD Authorizes Temporary Increase to 2021 BAH Rates

SEPTEMBER 27, 2021 – The Department of Defense has temporarily authorized increases in the 2021 Basic Allowance for Housing (BAH) rates for 56 housing markets (commonly referred to as Military Housing Areas, MHAs) across the U.S. Uniformed service members who have incurred increased housing costs above their current BAH may be eligible to apply and […]

Recent Posts

  • Delayed Entry Program: Where Training the Future Force Begins
  • USS Minneapolis-Saint Paul (LCS 21) Commissions
  • Army Leaders Across Indo-Pacific Meet to Discuss Challenges
  • C-17 Globemaster III Dedicated in Honor of ‘Candy Bomber’
  • It’s Not Just State Actors Who Pose Cyber Threat to U.S.
MAINMENU




SITESEARCH
Can't find something? Try using our site search to dig through our entire site.



Still having trouble? Try the Advanced Search to refine your searches.
NEWSLETTERSUBSCRIBE
Sign Up To Receive Information, Updates and Special Officers from MilitarySpot.com.



Don't miss an issue! Jump in the Newsletter Archives to catch up on previous issues.
FOLLOWMILITARY SPOT

Follow us on Facebook, Twitter & StumbleUpon and more. Keep up with MilitarySpot.com news & updates. We also have an RSS Feed.

Advertise | About | Contact | Feedback | Unsubscribe | DMCA | Privacy Policy | Terms of Use
 
Copyright 2004-2022 Sun Key Publishing. All Rights Reserved.



 
This is not the official recruiting website of the U.S. Military. The site you are on is run by Sun Key Publishing, a private company, and is not endorsed by or affiliated with the U.S. Military.