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H.R. 1478, The Carmelo Rodriguez Military Medical Accountability Act of 2009 (5 comments ↓ | 5 wiki edits)
H.R. 1478 would amend chapter 171 of title 28, United States Code, to allow members of the Armed Forces to sue the United States for damages for certain injuries caused by improper medical care.
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Visitor Comments 
Tom Zurba
September 2, 2009, 3:03pm (report abuse)I am in favor of this bill. It has been to long that military doctors have had to perform surgery with no malpractice ramifications. There are disabled veterans like me who are pulling for this bill to pass.
Beamish
September 16, 2009, 4:21pm (report abuse)The Feres Doctrine boggles the mind. This needs to be overturned. My son Michael Fremer was killed at Fort Polk, La on 2/13/08 because of Army Negligence during a training exercise. The Army can not be held accountable because of the Feres Doctrine. Why is the Army exempt from being held accountable for Negligence? Our young men and woman are risking their lives. This is how our country treats the soldiers and the families? How many others die because of poor training? It seems the Army keeps this quiet.
There are other cases that involve the feres Doctrine. For example Medical Malpractice in the army. Also Marines being exposed to Toxic chemicals on US Bases. The Military is exempt from being held accountable on all of these matters. The Feres Doctrine needs to be overturned.
seabat
October 16, 2009, 3:16pm (report abuse)Let's also not forget that there are provisions in this bill that hold those who act under the color of law to openly violate the Whistle Blower Protection act of 1989 and illegally administer Mental Health Evaluations on those who stand up for what is right in a systematic process to revoke security clearances,make slanderous defaming official entires in government records and get away with it up till now. This will now enable the service member wronged to be able to prosecute the Government of the United States on level and fair playing field where there are no doctrines such as Feres vs the U.S. to hide behind.
CPTG
October 29, 2009, 1:03am (report abuse)I am intregued by the 'mission creep' aspect of H.R. 1478 The SSG Carmelo Rodriguez Medical Act.
Brown vrs Texas School Board (1954) was constructed ONLY to address educational inequalities---nothing else. Yet, it became the center piece of modern civil rights law and served as the foundation for the passage of the 1964 Civil Rights Act.
IF this bill survives in its current state, it could open up the floodgates to Army Litigation, especially if officers, such as myself, were retaliated while reporting wrongdoing under COLOUR OF MILITARY AUTHORITY (Whistleblower's Protection Act).
Does anyone know if the Act has passed and is ratified into law yet? Has the Whistleblower Protection Act of 1989 been removed or modified from the bill?
seabat
October 29, 2009, 1:54pm (report abuse)No, The Wistleblower Protection act in retrospect to this bill only would adress improper or illegal mental health evaluation for the specific pupose of defiling or railroading the careers of service members whereas the persons illegally actin under the color of law could now be prosecuted directly by the plaintiff or against the Government of the United States as a whole
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