Veterans Advocates Urge U.S. Supreme Court to Curb 'Unhinged and Incoherent' Feres Doctrine

Amicus brief: Stakeholders support injured military service members across every aisle

WASHINGTON, Aug. 29, 2024 /PRNewswire/ -- The case of a Maryland Air National Guard veteran catastrophically injured by military-hospital surgery provides a perfect opportunity for the U.S. Supreme Court to end the Feres doctrine which blocks military members from bringing claims against the federal government, according to Just Well Law PLLC, the Coalition of Heroes, and dozens of other organizations and individuals.

Filed with the Supreme Court in support of paralyzed veteran Ryan G. Carter and his wife Kathleen E. Cole, the group's amicus brief argues that the 1950 Feres decision by the Court contradicts the text and purpose of the Federal Tort Claims Act (FTCA), wrongly denying military members orthodox legal remedies that Congress clearly opted to supply. The brief asserts, "Decades of decisions and scholarship now share the consensus view: Feres contradicts the FTCA's text and purpose, wrongly denying military members orthodox legal remedies that Congress clearly opted to supply."

In April 2018, Carter was paralyzed during what should have been routine back surgery, and he was left with no legal recourse due to the Feres doctrine. Carter's administrative and legal claims under the FTCA were dismissed by lower courts.

Lauren Palladini, a veteran and president of the Coalition of Heroes, said. "The Feres doctrine cannot be allowed to continue enabling and protecting medical malpractice in the military. Congress never intended this injustice, but the time is right to fix the problem." Palladini nearly lost her life and was severely injured during a botched surgery at Womack Army Medical Center at Fort Liberty, N.C.

The brief asserts, "Exemplifying the doctrine's absurd consequences are important stories like that of Amicus Curiae Lauren Palladini. While serving in the Army, Lauren underwent what should have been a routine c-section. But due to the military's medical malpractice, a hemorrhaging artery put Lauren's life in grave danger through a horrific 39-day period of extraordinary blood transfusions and other serious procedures. At just 22, Lauren survived. But the hysterectomy resulting from this malpractice erased her dreams of conceiving and carrying future children."

The organizations and individuals filing the brief include Coalition of Heroes, National Military Family Association (NMFA), Reserve Organization of America, Jewish War Veterans of the USA, Swords to Plowshares, The Center for Law and Military Policy, Rep. Darrel Issa, Rep. Richard Hudson, Rep. Kelly Armstrong, Rep. Josh Harder, Rep. Jack Bergman, Rep. Sanford D. Bishop, Jr., Brigadier General Sylvia R. Crockett (Ret.), General Charlotte Miller (Ret.), and Major General William Suter (Ret.).

The amicus brief was submitted by Charles R. Flores of Flores Law PLLC, of Houston, and Kristina S. Baehr and James S. Baehr of Just Well Law PLLC, of Austin, Texas.

Kristina Baehr said, "The Feres doctrine is legally incorrect, unfair, and a threat to our national security. According to the judge-made doctrine, a mom injured by a negligent doctor during her baby's delivery is not entitled to recovery in court because she is a service member. But if she were a spouse, she could bring a claim. This injustice discourages good men and women from joining the service in the first place. We cannot be mission-ready if the Government can injure service members like Ryan Carter and Lauren Palladini with impunity. As our amicus brief states, the question is not about whether to reconsider Feres. It's just about which branch does so and when. Our brief makes it clear: It is high time for the courts that created Feres to end it once and for all."

Contact: Erin Powers, Powers MediaWorks LLC, for Just Well Law PLLC, [email protected], 281.703.6000.

SOURCE Just Well Law, PLLC