Sad Feres Doctrine at play

[Monty Python]

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ACDF at Walter Reed resulted in postop quad. Then the patient has to deal with Feres. Sad all around.

National Guard airman paralyzed at Walter Reed petitions Supreme Court to allow him to sue military

Staff Sgt. Ryan Carter walked into Walter Reed National Military Medical Center on April 6, 2018, for a common back surgery meant to alleviate chronic neck pain. He never walked again. Carter is suing the military hospital and surgeon for the trauma his spinal cord suffered.

www.stripes.com

 

[DrMetal]

ACDF at Walter Reed resulted in postop quad. Then the patient has to deal with Feres. Sad all around.

National Guard airman paralyzed at Walter Reed petitions Supreme Court to allow him to sue military

Staff Sgt. Ryan Carter walked into Walter Reed National Military Medical Center on April 6, 2018, for a common back surgery meant to alleviate chronic neck pain. He never walked again. Carter is suing the military hospital and surgeon for the trauma his spinal cord suffered.

www.stripes.com

I thought Feres was already rescinded and AD members can now sue? Or is the issue here that this occurred in 2018?

 

[Monty Python]

I thought Feres was already rescinded and AD members can now sue? Or is the issue here that this occurred in 2018?

I’m not qualified to speak about current legal specifics of Feres, only that the by-line of that article from this week indicates their intention to file with SCOTUS for Feres relief.

 

[DrMetal]

I’m not qualified to speak about current legal specifics of Feres, only that the by-line of that article from this week indicates their intention to file with SCOTUS for Feres relief.

I'm arm-chair qualified, here in the land of SDN.


Feres v. United States - Wikipedia

Looks like NDAA 2020 changed things. It didn't completely repeal the Feres Doctrine but stated that cases (by individual active duty members) would be heard. That's a far cry from actually settle and paid out: Military Services Approving Roughly 3% of Malpractice Claims from Service Members

Now, in the case of the OP, this occurred in 2018. I guess the debate is whether the gov't will entertain claims from prior to 2020. That'll definitely open up a can of worms.